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Case 1:08-cr-00074-WMS Document 7 Filed 07/10/2008 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

v. 08-CR-74-S

JOHN TROWBRIDGE,

Defendant.

NOTICE OF MOTION TO ADJOURN SENTENCING

PLEASE TAKE NOTICE that upon the annexed Affidavit of Robert

C. Moscati, Assistant United States Attorney, the undersigned

moves this Court for an adjournment of the sentencing currently

set for Thursday, July 31, 2008.

DATED: Buffalo, New York, July 10, 2008.

TERRANCE P. FLYNN
United States Attorney

BY: S/ROBERT C. MOSCATI


Assistant U.S. Attorney
U.S. Attorney’s Office
Western District of New York
138 Delaware Avenue
Buffalo, New York 14202
(716) 843-5700, ext. 869
Robert.c.moscati@usdoj.gov

TO: David C. Douglas, Esq.


Diane Root, U.S. Probation Officer
Case 1:08-cr-00074-WMS Document 7 Filed 07/10/2008 Page 2 of 5

IN THE UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

v. 08-CR-74-S

JOHN TROWBRIDGE,

Defendant.

GOVERNMENT’S AFFIDAVIT IN SUPPORT


OF MOTION TO ADJOURN SENTENCING

STATE OF NEW YORK)


COUNTY OF ERIE ) SS:
CITY OF BUFFALO )

ROBERT C. MOSCATI, being duly sworn, deposes and states:

1. I am the Assistant United States Attorney for the Western

District of New York assigned to the prosecution of the above-

entitled action. This affidavit is submitted in support of the

Government’s motion for an adjournment of the sentencing currently

scheduled for July 31, 2008, before United States District Judge

William M. Skretny.

2. On March 20, 2008, the defendant appeared before this

Court, waived Indictment and pled guilty to a 1 count Information

charging him with a violation of Title 18, United States Code,

Section 2421, Transportation of an Individual in Interstate

Commerce with Intent that the Individual Engage in Prostitution

Mann Act). Sentencing was set for July 31, 2008.


Case 1:08-cr-00074-WMS Document 7 Filed 07/10/2008 Page 3 of 5

3. The plea agreement in this case calls for cooperation

with the Government on the part of the defendant (Section VII).

The Cooperation section of the plea agreement requires the

defendant to testify truthfully before grand juries and at such

pre-trial and trial proceedings as the government shall deem

necessary (Paragraph 22) and states that the parties will request

that sentencing be adjourned until full satisfaction by the

defendant of the terms of this agreement (Paragraph 33).

4. While the defendant has assisted the Government fully and

completely to date, he has not completed all of the terms of his

contemplated cooperation at this time. At this point, Mr.

Trowbridge’s testimony in related proceedings is still possible and

would be required by the Government. Accordingly, the Government

respectfully requests the defendant’s sentencing date be adjourned

sine die with the Government to advise the Court when such

cooperation has been completed. Alternatively, perhaps a

sentencing status conference may be appropriate in 90-120 days.

Certainly if sentencing could proceed prior thereto, the Government

would so advise the Court.

8. I have spoken with counsel for the defendant, David C.

Douglas, regarding this request and he has no objection to the

granting of this motion by the Court.


Case 1:08-cr-00074-WMS Document 7 Filed 07/10/2008 Page 4 of 5

WHEREFORE, it is respectfully requested that the Court grant

an adjournment of the sentencing date currently set for Thursday,

July 31, 2008.

S/ROBERT C. MOSCATI
Assistant U.S. Attorney
United States Attorney’s Office
Western District of New York
138 Delaware Avenue
Buffalo, New York 14202
(716) 843-5700, ext. 869
Robert.c.moscati@usdoj.gov

Sworn to before me this


10th day of July, 2008.

S/MADELINE C. MARRONE
Commissioner of Deeds
In And For The City of Buffalo, New York
My Commission Expires December 31, 2008
Case 1:08-cr-00074-WMS Document 7 Filed 07/10/2008 Page 5 of 5

IN THE UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

v. 08-CR-74-S

JOHN TROWBRIDGE,

Defendant.

CERTIFICATE OF SERVICE

I hereby certify that on July 10, 2008, I electronically filed

the attached NOTICE OF MOTION TO ADJOURN SENTENCING AND SUPPORTING

AFFIDAVIT, with the Clerk of the District Court using its CM/ECF

system. I also certify that I mailed the foregoing via United

States mail to the following participants on this case:

David C. Douglas, Esq.


365 Market Street
P.O. Box 468
Lockport, New York 14095

United States Probation Department


Attn: Diane Root
U.S. Probation Officer

S/MADELINE C. MARRONE