Joint Unopposed Motion to Continue Deadline for Sentencing Filings — United States v. Hallford (Dkt. 81, D. Colo.)

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A joint unopposed motion to continue the deadline for sentencing filings in United States of America v. Jon M. Hallford and Carie L. Hallford, Case No. 24-cr-00113-NYW, in the U.S. District Court for the District of Colorado, filed February 26, 2025 as Document 81. The defendants, through attorneys Laura H. Suelau and Chaz Melihercik, ask to move the deadline for sentencing positions from February 27 to March 6, 2025, and the government does not oppose. The motion recites that the Court set the February 27, 2025 deadline on October 29, 2024 (Doc. 54), and that on February 24, 2025 it ordered a status conference for March 4, 2025 and indicated that it intends to reject the proposed plea agreements.

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Case No. 1:24-cr-00113-NYW           Document 81        filed 02/26/25     USDC Colorado          pg 1
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                            IN THE UNITED STATES DISTRICT COURT
                               FOR THE DISTRICT OF COLORADO

CASE NO. 24-cr-00113-NYW

UNITED STATES OF AMERICA,

               Plaintiff,

v.

1.     JON M. HALLFORD,
2.     CARIE L. HALLFORD,

               Defendants.


              JOINT UNOPPOSED MOTION TO CONTINUE DEADLINE
                         FOR SENTENCING FILINGS


       Jon M. Hallford and Carie L. Hallford, through their respective attorneys, Laura H. Suelau and

Chaz Melihercik, respectfully move this Court to continue and reset the deadline for filing sentencing

positions or other motions pertaining to sentencing from February 27 to March 6, 2025. The

government, through Assistant United States Attorneys Tim Neff and Craig Fansler, do not oppose

this request and request the same. In support of this Motion, the defendants state:

       1.      On October 29, 2024, this Court amended the dates and deadlines set by Federal Rule

of Criminal Procedure 32 and ordered, among other things, that the parties file their “sentencing

positions or other motions pertaining to sentencing” no later than February 27, 2025. Doc. 54.

       2.      On February 24, 2025, this Court Ordered, sua sponte, a Status Conference for March

4, 2025. Docs. 79 and 80. In that Order, this Court indicated that it intends to reject the proposed

Plea Agreements and ordered the defendants to “be prepared to either withdraw from the Plea

Agreement or proceed pursuant to Rule 11(c)(1)(B).” Id. and Docs. 49 and 52.

Case No. 1:24-cr-00113-NYW             Document 81          filed 02/26/25      USDC Colorado           pg 2
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        3.      To comply with that Order, counsel for Mr. and Mrs. Hallford must, among other

tasks, meet with their respective clients, advise them of this Court’s Order, and counsel them

concerning their options.

        4.      Whether to enter into a materially different Plea Agreement pursuant to Rule

11(c)(1)(B), or to withdraw from the Plea Agreement, invoke one’s Sixth Amendment rights, and

proceed to trial, is a critical, and constitutionally protected, decision. Due process requires that decision

be made voluntarily and constitute an “intelligent admission.” See Henderson v. Morgan, 426 U.S. 637,

645 (1976). “[T]he Constitution insists,” among other things, “that the defendant enter a guilty plea

that is voluntary” and that the defendant must “make related waivers knowing[ly], intelligent[ly], [and]

with sufficient awareness of the relevant circumstances and likely consequences.” United States v. Ruiz,

536 U.S. 622, 629 (2002) (internal quotation marks omitted)).

        5.      Therefore, counsel for both defendants must take time between the Court’s Order and

the Status Conferences on March 4, 2025, to meet and confer with the defendants and ensure their

decisions are knowing and voluntary. Of note, both defendants are in custody and Mr. Hallford is

located approximately four hours, roundtrip, from counsel’s office in Denver. Additionally, Mr.

Hallford’s facility has limited visitation times. Due to counsel’s other work-related obligations, and

that facility’s limited visitation times, counsel is unable to meet and confer with Mr. Hallford until

Friday, February 28, 2025.

        6.      Additionally, the defendants’ decisions on March 4, 2025 will inform whether filing a

“sentencing position” is either necessary or appropriate. Indeed, should the defendants choose to

withdraw from the Plea Agreements and proceed to trial, filing sentencing-related documents may be

inconsistent with their Fifth Amendment rights.




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Case No. 1:24-cr-00113-NYW            Document 81     filed 02/26/25    USDC Colorado         pg 3
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       7.      For the foregoing reasons, the defendants and the government respectfully request

this Court continue the deadline for filing sentencing-related motions by one week, until March 6,

2025. The government requests the same continuance.




Respectfully submitted,

VIRGINIA L. GRADY                                           MELIHERCIK LAW, LLC
Federal Public Defender

s/ Laura H. Suelau                                          s/ Robert C. Melihercik
LAURA H. SUELAU                                             ROBERT CHARLES MELIHERCIK
Assistant Federal Public Defender                           7765 Wadsworth Blvd., Suite 746327
633 17th Street, Suite 1000                                 Arvada, CO 80006
Denver, CO 80202                                            Telephone: (720) 707-2854
Telephone: (303) 294-7002                                   chaz@meliherciklaw.com
FAX: (303) 294-1192                                         Attorney for Defendant Carie Hallford
laura_suelau@fd.org
Attorney for Defendant Jon Hallford




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Case No. 1:24-cr-00113-NYW           Document 81         filed 02/26/25      USDC Colorado          pg 4
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                                  CERTIFICATE OF SERVICE

      I hereby certify that on February 26, 2025, I filed the foregoing Joint Unoppoed Motion to
Continue Deadline for Sentencing Related Filings with the Clerk of Court using the CM/ECF
system, which will send notification of such filing to the following email addresses:

       Craig Fansler, Assistant United States Attorney
       Email: craig.fansler2@usdoj.gov

       Tim Neff, Assistant United States Attorney
       Email: tim.neff@usdoj.gov

       Robert C. Melihercik
       Email: chaz@meliherciklaw.com
       Attorney for Carie Hallford

        I hereby certify that I have mailed or served the document or paper to the following participant
in the manner (mail, hand-delivery, etc.) indicated next to the participant’s name:

       Jon M. Hallford (via U.S. Mail)

                                               s/ Laura H. Suelau
                                               LAURA H. SUELAU
                                               Assistant Federal Public Defender
                                               633 17th Street, Suite 1000
                                               Denver, CO 80202
                                               Telephone: (303) 294-7002
                                               FAX: (303) 294-1192
                                               laura_suelau@fd.org
                                               Attorney for Defendant Jon Hallford




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