Case 1:08-cr-00365-SAS Document 82

Filed 03/21/12 Page 1 of 2

Dear Judge Schcindlin:

5 ~if • S c~~:"J/.I'l The defense respectfully requests an additional two weeks for the se e cing da OS.17.u • for Mr. Viktor Bout. The defense is still in progress of drafting a sentencing . 3/2// . memorandum in this complex marter. /2­
Although the Government objected to this request by letter dated March 20,2012,
they failed to demonstrate how they are prejudiced by the defendant's request.
The Prosecution in their letters dated March 2 and March 20,2012, respectively
advised the court that Mr. Smullian is the only prejudiced party by defendant's request.
They wrote "Mr. Smullian is a 70 year-old defendant who faces various health-related
issues and has been incarcerated at the MCC for over foUt years." The Prosecutors'
position in this matter in my respectful opinion before the Court, is hypocritical. It is
· hard for me to fathom how Mr. Guruanjan Sahni and Mr. Brendan McGuire can and probably will argue in "good conscience" for life imprisonment for Viktor Bout and for the other co-conspirator Mr. Smullian, who in theory of the Government's case is · equally if not more culpable, they are seeking the Court's compassion and sympathy in their anticipation of Mr. Smullian being released at or immediately after sentencing.

If Your Honor is not inclined to grant defendant's request for adjou.r:oment of sentencing, I respectfully request that my sentencing submission be accepted by the Court · by the end of Friday, March 23,2012.

Case 1:08-cr-00365-SAS Document 82

Filed 03/21/12 Page 2 of 2

The Honorable Shira A Scheindlin

Thank you Your Honor.
Respectfully submitted,

Albert Y. Dayan Attorney at Law

(1f/;uI' Q~~ .


Brelldan R. McGuire, Esq,

Guruanjan Sahni, Esq. Kenneth 1. Kaplan, Esq.

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