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COMES NOW the Defendant, Teresa K. Malone, by and through counsel, and moves the
Court pursuant to Rule 45 of the Federal Rules of Criminal Procedure for an order continuing the
date set for sentencing currently scheduled in the above-styled cause, and in support thereof
1. That Defendant is set to be sentenced regarding the above stated matter on Friday, May
2. That on that date, undersigned counsel would show that they have five (5) depositions to
be taken;
3. Additionally, Mr. Wheeler’s daughter’s graduation is also scheduled for May 24, 2019;
and
4. This motion is not made for the purpose of delay or harassment, but for the fair
administration of justice.
WHEREFORE, PREMISES CONSIDERED, your Defendant prays that this Motion for
Continuance be filed and that upon due consideration by this Court, an Order of Continuance
will be granted to your Defendant until further order of this Honorable Court.
Case 3:16-cr-00051-HTW-FKB Document 36 Filed 05/01/19 Page 2 of 3
OF COUNSEL:
CERTIFICATE OF SERVICE
I, James R. Franks, Jr., do hereby certify that I have this day filed via MEC the foregoing
Motion for Continuance which has sent a copy via email to:
COMES NOW the Defendant, Teresa K. Malone, by and through counsel, moves the Court
pursuant to Rule 45 of the Federal Rules of Criminal Procedure for an order continuing the trial, and
related pre-trial deadlines, currently scheduled in the above-styled cause, and in support thereof
1. That the undersigned counsel has just recently been retained to represent the
2. The trial in this cause is currently scheduled for October 3, 2016, in Jackson,
3. That Counsel for the Defendant requests a continuance in order to receive discovery,
complete the inspection of the discovery material, prepare any necessary pretrial motions, and
4. That Counsel will be unavailable to be prepared for the trial of this matter on October
3, 2016 as Counsel is scheduled to attend hearings and/or meetings in Africa concerning the 1998
U.S. Embassy bombing case throughout the months of August and September, 2016. Therefore,
Counsel for the Defendant will not be prepared for the pre-trial deadlines and trial.
5. This motion is filed, not for the purpose of delay, but so that justice may be done.
Case 3:16-cr-00051-HTW-FKB Document 16 Filed 08/08/16 Page 2 of 3
REQUESTED RELIEF
Based on the grounds set forth above, Defendant, Teresa K. Malone, respectfully requests an
Order continuing the trial scheduled in this cause and extending the related pre-trial motion
deadlines.
OF COUNSEL:
CERTIFICATE OF SERVICE
I, James R. Franks, Jr., do hereby certify that I have this day filed via MEC the foregoing Motion
NOTICE is hereby given by Defendant, Teresa K. Malone, that she intends on changing
her previously entered plea of NOT GUILTY to GUILTY, and would show the following:
1. That Defendant has been offered a plea agreement by the United States Attorney’s
Office;
2. That Defendant intends to accept the plea agreement offered by United States Attorney’s
Office;
3. That in accepting the plea agreement, Defendant intends on changing her previously
4. That counsel for Defendant is out of the State until the end of this week; that co-counsel
5. Additionally, Defendant is still undergoing treatments for her illness until mid-August;
and
6. Therefore, Defendant would like to schedule her plea in mid-September, at which time
counsel for Defendant will be available and Defendant’s medical treatments should be
complete.
CERTIFICATE OF SERVICE
I, James R. Franks, Jr., do hereby certify that I have this day filed via MEC the foregoing
Notice of Intent to Change Plea which has sent a copy via email to: