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Case 3:16-cr-00051-HTW-FKB Document 36 Filed 05/01/19 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

UNITED STATES OF AMERICA PLAINTIFF

VS. CRIMINAL NO. 3:16CR51-HTW-FKB

TERESA K. MALONE DEFENDANT

MOTION FOR CONTINUANCE

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

would show unto the Court the following:

1. That Defendant is set to be sentenced regarding the above stated matter on Friday, May

24, 2019, at 2:00 p.m.;

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.
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Respectfully submitted, this the 1st day of May, 2019.

TERESA K. MALONE, Defendant

By: /s/James R. Franks, Jr.


JAMES R. FRANKS, JR. MSB# 100156
WILLIAM R. WHEELER, JR., MSB#10848
Counsel for Defendant

OF COUNSEL:

WHEELER & FRANKS LAW FIRM, P.C.


114 South Broadway Street
Post Office Box 681
Tupelo, Mississippi 38802
Telephone: (662) 842-0380
Facsimile: (662) 842-7491
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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:

Darren J. LaMarca, Esq.


Office of the U.S. Attorney
501 E. Court Street, Ste. 4.430
Jackson, MS 39201-5025

This the 1st day of May, 2019.

/s/James R. Franks, Jr.


JAMES R. FRANKS, JR.
Case 3:16-cr-00051-HTW-FKB Document 16 Filed 08/08/16 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

UNITED STATES OF AMERICA PLAINTIFF

VS. CRIMINAL NO. 3:16CR51-HTW-FKB

TERESA K. MALONE DEFENDANT

MOTION FOR CONTINUANCE

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

would show unto the Court the following:

1. That the undersigned counsel has just recently been retained to represent the

Defendant in this matter.

2. The trial in this cause is currently scheduled for October 3, 2016, in Jackson,

Mississippi. This is the first continuance requested by the undersigned counsel.

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

adequately prepare for trial.

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.

Respectfully submitted, this the 8th day of August, 2016.

TERESA K. MALONE, Defendant

By: /s/James R. Franks, Jr.


JAMES R. FRANKS, JR. MSBN 100156
Counsel for Defendant

OF COUNSEL:

WHEELER & FRANKS LAW FIRM, P.C.


P.O. Box 681
Tupelo, MS 38802
Tel: (662) 842-0380
Fax: (662) 842-7491
Case 3:16-cr-00051-HTW-FKB Document 16 Filed 08/08/16 Page 3 of 3

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:

Darren J. LaMarca, Esq.


Office of the U.S. Attorney
501 E. Court Street, Ste. 4.430
Jackson, MS 39201-5025

This the 8th day of August, 2016.

/s/James R. Franks, Jr.


JAMES R. FRANKS, JR.
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Case 3:16-cr-00051-HTW-FKB Document 22 Filed 07/17/17 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

UNITED STATES OF AMERICA PLAINTIFF

VS. CRIMINAL NO. 3:16CR51-HTW-FKB

TERESA K. MALONE DEFENDANT

NOTICEOF INTENT TO CHANGE PLEA

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

entered plea of NOT GUILTY to a plea of GUILTY;

4. That counsel for Defendant is out of the State until the end of this week; that co-counsel

is out of the country until August;

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.

RESPECTFULLY SUBMITTED, this the 17th day of July, 2017.


Case 3:16-cr-00051-HTW-FKB Document 22 Filed 07/17/17 Page 2 of 2

TERESA K. MALONE, Defendant

BY:___/s/ James R. Franks, Jr._______


JAMES R. FRANKS, JR, 100156
Prepared By:

James R. Franks, Jr., MSB#100156


William R. Wheeler, MSB#10848
WHEELER & FRANKS LAW FIRM, P.C.
114 South Broadway Street
Post Office Box 681
Tupelo, Mississippi 38802
Telephone: (662) 842-0380
Facsimile: (662) 842-7491

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:

Darren J. LaMarca, Esq.


Office of the U.S. Attorney
501 E. Court Street, Suite 4.430
Jackson, Mississippi 39201-5025

This the 17th day of July, 2017.

/s/James R. Franks, Jr.


JAMES R. FRANKS, JR.
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