MOTION for extension of time to file objections to Presentence Investigation Report… — USA v. Sanders et al (Dkt. 174)

Record facts

U.S. District Court records for the Western District of Missouri and Western District of Washington · No. 4:24-cr-00029-BP · Doc. 174 · 2024-11-08 · Docket on CourtListener

Summary

A defense motion for extension of time to file objections to the pre-sentence report, filed November 8, 2024 as Doc. 174 in United States v. Joel Wright, Case No. 4:24-cr-00029-BP-2, in the U.S. District Court for the Western District of Missouri. Filed by defense counsel Jeffrey Gedbaw, it states that the defendant pleaded guilty on August 22, 2024 to conspiracy to commit wire fraud under 18 U.S.C. § 1349 and that the initial report was sent to the parties on October 25, 2024. The motion states that the report applied an enhancement different from the one in the written plea agreement and that counsel needs time to research and object. It asks that the November 8, 2024 deadline be extended to November 22, 2024, noting sentencing is set for December 18, 2024. The filing is three pages with a certificate of service.

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Full text

1 
 
IN THE UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF MISSOURI 
WESTERN DIVISION 
 
UNITED STATES OF AMERICA,  
) 
 
 
 
 
 
 
) 
 
 
 
Plaintiff, 
 
) 
 
 
 
 
 
 
) 
vs.  
 
 
 
 
 
) 
Case No. 4:24-cr-00029-BP-2 
 
 
 
 
 
 
) 
JOEL WRIGHT, 
 
 
 
) 
 
 
 
 
 
 
) 
 
 
 
Defendant, 
 
) 
 
MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS TO PRE-SENTENCE 
REPORT 
 
 
COMES NOW Jeffrey Gedbaw, attorney for the Defendant, and requests that this Court 
grant the Defendant an extension of time in which to file his objections to the initial pre-sentence 
report that has been prepared in this case.  In support of this request, the Defendant states the 
following: 
 
1. 
On August 22, 2024, the Defendant appeared before this Court and entered a plea 
of guilty to the offense of Conspiracy to Commit Wire Fraud, in violation of 18 U.S.C. § 1349.  
The Court accepted the Defendant’s plea and ordered a pre-sentence report. 
 
2.   
The initial pre-sentence report was prepared by the United States Probation 
Office, and copies of the initial report were transmitted to all parties on October 25, 2024.  
Objections to said report are due on today’s date, November 8, 2024. 
 
3.   
The initial presentence report that was disseminated to counsel applied an 
enhancement that was different than that which was agreed upon as part of the written plea 
agreement between the Government and the Defendant.  As a result, the guideline calculation is 
higher than was anticipated.  Counsel needs additional time to conduct legal research on the basis 
for which the United State Probation Office determined that the agreed upon level of 
Case 4:24-cr-00029-BP     Document 174     Filed 11/08/24     Page 1 of 3

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enhancements were not appropriate.  Counsel intends to object to the calculation of the Probation 
Office, as the defense feels that the base offense level and enhancements that were agreed upon 
in the written plea agreement were correct, and should be adopted. 
 
4.   
There have been no previous requests by counsel to extend deadlines for the filing 
of objections to the PSR. 
 
5.   
Counsel requests that this Court extend the deadline to file objections to the pre-
sentence report to November 22, 2024.  This will give counsel adequate opportunity to review 
the report with his client, and to prepare any necessary objections to the initial report. 
 
6. 
Counsel would note that this matter is set for sentencing on December 18, 2024.  
If the Court were to grant this request for an extension by the defense, the Probation Office 
would still have adequate time to address the defense objections and file the final presentence 
report in time for the sentencing hearing. 
 
WHEREFORE, for the reasons set forth above, it is requested that this Court enter an 
order extending the deadline to file objections to the pre-sentence report from the current 
deadline of November 8, 2024; and that the Court grant counsel an extension until November 22, 
2024, to file any necessary objections. 
 
 
 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
 
 
 
/s/ Jeffrey Gedbaw 
 
 
 
 
 
 
 
 
______________________________ 
 
 
 
 
 
 
 
 
Jeffrey Gedbaw, Mo Bar No. 56318 
 
 
 
 
 
 
 
 
Attorney for Defendant 
 
 
 
 
 
 
 
 
618 SE 4th St., Suite 204 
 
 
 
 
 
 
 
 
Lee’s Summit, MO 64063 
 
 
 
 
 
 
 
 
Phone:  
(816) 379-5329 
 
 
 
 
 
 
 
 
Fax: 
 
(816) 272-5967 
 
 
 
 
 
 
 
 
jgedbaw@gedbawlawfirm.com 
Case 4:24-cr-00029-BP     Document 174     Filed 11/08/24     Page 2 of 3

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CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on November 8, 2024, a true copy of the foregoing was 
served on all parties by electronic filing through the ECF system. 
 
 
 
 
 
 
 
 
 
 
/s/ Jeffrey Gedbaw 
 
 
 
 
 
 
 
 
_____________________________ 
 
 
 
 
 
 
 
 
Jeffrey Gedbaw 
 
 
 
 
Case 4:24-cr-00029-BP     Document 174     Filed 11/08/24     Page 3 of 3

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