Unopposed Motion to Continue Sentencing — United States v. Dontrell Barnes (Dkt. 59)

Summary

Unopposed Motion to Continue Sentencing in United States v. Dontrell Barnes, No. 5:23-cr-00094-D-1, Eastern District of North Carolina, Western Division, filed 09/25/23. Defendant Dontrell Barnes, through undersigned counsel, asks the Court to continue sentencing until the January 2024 term. The motion states that Mr. Barnes pleaded guilty to the Information on May 24, 2023, pursuant to a written plea agreement, that the Court had set sentencing for the term commencing October 30, 2023, and that undersigned counsel will be on extended leave beginning October 2, 2023. It states that Assistant United States Attorney David G. Beraka has no objections to the continuance. The signature block names Jean-Paul E. Jacquet-Freese, Assistant Federal Public Defender.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

NO. 5:23-cr-00094-D-1

UNITED STATES OF AMERICA
UNOPPOSED MOTION TO
v. CONTINUE SENTENCING

DONTRELL BARNES

The defendant, Dontrell Barnes, by and through undersigned counsel, respectfully moves

the Court to continue the sentencing until the January 2024 term. The following is offered in

support of this motion:

1. On March 22, 2023, Mr. Barnes was named in a Criminal Information which charged

him with one count of conspiring to commit an offense against the United States—

namely, wire fraud—in violation of 18 U.S.C. §§ 1343, 1349. [DE 5].

2. On May 24, 2023, Mr. Barnes pleaded guilty to the Information pursuant to a written

plea agreement. [DE 30].

3. Mr. Barnes is currently released on conditions.

4. In response to Mr. Barnes’ first motion for extension of time to file objections to the

draft presentence investigation report and accompanying motion to continue the

sentencing, the Court set Mr. Barnes’ sentencing for the term of Court commencing

October 30, 2023. [DE 43].

5. Mr. Barnes filed his objections to the draft presentence investigation report on August

29, 2023. [DE 57].

Case 5:23-cr-00094-D Document 59 Filed 09/25/23 Page 1 of 3
6. Undersigned counsel will be on extended leave beginning October 2, 2023, and

continuing through the end of this year.

7. Based upon consultation with Mr. Barnes, Mr. Barnes is performing well on release

and complying with his release conditions.

8. Defense counsel respectfully requests that the sentencing be continued to a term of

Court in January 2024.

9. Assistant United States Attorney David G. Beraka has been contacted and has no

objections to the continuance requested herein.

10. This motion is made in good faith and not for purposes of delay. Neither the

government nor the defendant would be prejudiced by the continuance sought herein.

WHEREFORE, the defendant respectfully requests that the sentencing in this matter be

continued until the January 2024 term of court.

Respectfully submitted this 25th day of September, 2023.

G. ALAN DuBOIS
Federal Public Defender

/s/ Jean-Paul E. Jacquet-Freese
JEAN-PAUL E. JACQUET-FREESE
Assistant Federal Public Defender
Attorney for Defendant
Office of the Federal Public Defender
150 Fayetteville Street, Suite 450
Raleigh, North Carolina 27601
Telephone: 919-856-4236
Fax: 919-856-4477
E-mail: Jean-Paul_Jacquet-Freese@fd.org
NC State Bar No. 57581
DC Bar No. 1619210
LR 57.1 Counsel Appointed

Case 5:23-cr-00094-D Document 59 Filed 09/25/23 Page 2 of 3
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing was served upon:

DAVID G. BERAKA
United States Attorney's Office
150 Fayetteville Street, Suite 2100
Raleigh, NC 27601

by electronically filing the foregoing with the Clerk of Court on this date, using the CM/ECF
system which will send notification of such filing to the above.

This the 25th day of September, 2023.

Case 5:23-cr-00094-D Document 59 Filed 09/25/23 Page 3 of 3

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