Defendant's Unopposed Motion to Continue Sentencing — United States v. Summerfield (E.D.N.C., Dkt. 32)

Summary

Defendant's unopposed motion to continue sentencing, filed August 29, 2025 as Document 32 in United States v. Mitchell Summerfield, Case No. 5:25-CR-00022-M, in the United States District Court for the Eastern District of North Carolina, Western Division. The motion asks to move the sentencing hearing from the September 23, 2025, term to the October 7, 2025, term. It states that Mr. Summerfield pleaded guilty to a criminal information charging one count of conspiracy to commit wire and bank fraud (DE 1), and that counsel has purchased nonrefundable plane tickets for a family trip, leaving September 23 and returning October 1, 2025. It also states the government does not object and that Mr. Summerfield is on release awaiting sentencing. The signature block shows /s/ Kelly Margolis Dagger.

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               IN THE UNITED STATES DISTRICT COURT
           FOR THE EASTERN DISTRICT OF NORTH CAROLINA
                        WESTERN DIVISION
                      CASE NO. 5:25-CR-00022-M

UNITED STATES OF AMERICA                      )
                                              )      DEFENDANT’S
      v.                                      )      UNOPPOSED MOTION TO
                                              )      CONTINUE SENTENCING
MITCHELL SUMMERFIELD,                         )
                                              )
                   Defendant.                 )

      Defendant Mitchell Summerfield, through counsel, hereby moves the Court

to continue the sentencing hearing from the September 23, 2025, term to the

October 7, 2025, term. In support of this motion, Mr. Summerfield respectfully

shows the following:

      1.     Mr. Summerfield pleaded guilty to a criminal information charging

one count of conspiracy to commit wire and bank fraud. (DE 1).

      2.     Sentencing is set for the September 23, 2025 term of court.

      3.     Mr. Summerfield and counsel have worked diligently and in good

faith to prepare the case for sentencing, and counsel believes the parties are ready

for sentencing. However, undersigned counsel has planned and purchase

nonrefundable plane tickets for a family trip, leaving September 23 and returning

October 1, 2025. To allow counsel to be available to represent Mr. Summerfield at

sentencing, Mr. Summerfield reasonably requires a continuance of the sentencing

date to the October 7, 2025 term.


        Case 5:25-cr-00022-M     Document 32      Filed 08/29/25   Page 1 of 4
      4.    Undersigned counsel has consulted with counsel for the Government,

and the Government does not object to the relief sought by this motion.

      5.    This motion is made in good faith and not for the purposes of delay.

Mr. Summerfield is on release awaiting sentencing. Mr. Summerfield has been

responsive to and cooperative with counsel, he timely appeared for arraignment,

and he has appeared for all meetings with counsel as requested. Therefore, counsel

is confident that Mr. Summerfield will appear for court when directed even if the

sentencing is continued.

      For the foregoing reasons, Defendant Mitchell Summerfield respectfully

requests that the Court continue his sentencing from the September 23, 2025, term

to the October 7, 2025 term.




                                         2


       Case 5:25-cr-00022-M     Document 32     Filed 08/29/25   Page 2 of 4
This the 29th day of August, 2025.

                                     ELLIS & WINTERS LLP

                                     /s/ Kelly Margolis Dagger
                                     Kelly Margolis Dagger
                                     N.C. State Bar No. 44329
                                     kelly.dagger@elliswinters.com
                                     Post Office Box 33500
                                     Raleigh, North Carolina 27636
                                     Telephone: (919) 865-7000
                                     Facsimile: (919) 865-7010

                                     Retained Counsel for Defendant
                                     Mitchell Summerfield




                                 3


 Case 5:25-cr-00022-M    Document 32   Filed 08/29/25   Page 3 of 4
                         CERTIFICATE OF SERVICE

      The undersigned hereby certifies that the foregoing was filed with the clerk

of court using the CM/ECF system, which will send notice of such filing to all

CM/ECF users who have made an appearance in this case.

      This the 29th day of August, 2025.

                                             ELLIS & WINTERS LLP

                                             /s/ Kelly Margolis Dagger
                                             Kelly Margolis Dagger
                                             N.C. State Bar No. 44329
                                             kelly.dagger@elliswinters.com
                                             Post Office Box 33500
                                             Raleigh, North Carolina 27636
                                             Telephone: (919) 865-7000
                                             Facsimile: (919) 865-7010

                                             Retained Counsel for Defendant
                                             Mitchell Summerfield




                                         4


       Case 5:25-cr-00022-M     Document 32     Filed 08/29/25   Page 4 of 4


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