MEMPHIS, Tenn. -- Emmitt Martin, one of the former Memphis Police Officers who pleaded guilty in the beating of Tyre Nichols is requesting a sentencing delay for his December 5 court date. On Wednesday, Martin's attorney filed a motion asking for additional time to properly present the issues before the Court for its review. A continuance of 90 days was requested. ► MORE ON TYRE NICHOLS The motion says Martin needs more time to undergo updated forensic mental health evaluations that counsel is coordinating for the mental health professionals to formulate their opinions in written reports. It is also noted in the motion that it is "not made for the purpose of procrastination or unreasonable delay in this matter or some other improper purpose, but rather so that counsel may provide the defendant with effective assistance of counsel to which he is entitled, that the defendant receives zealous representation and that the defendant, through counsel, be able to adequately prepare for sentencing proceedings before this Court." Second former MPD officer accused in fatally beating Tyre Nichols changes plea In August, Martin pleaded guilty to two of the four counts against him – excessive force and conspiracy to witness tamper. Count one of the indictment alleges that the defendant “violated Nichols’ right to be free from the use of unreasonable force by a police officer by assaulting him and by failing to intervene in the unlawful assault.” It alleges that this offense resulted in bodily injury and the death of Nichols. He also pled guilty to count three of the indictment, which alleged that all five defendants conspired to cover up their use of unlawful force by leaving out material information and by providing false and misleading information. He could spend up to 40 years maximum in federal prison. Sentencing delayed for former officer in Tyre Nichols case Earlier this month, the sentencing hearing was delayed for another former Memphis Police officer in the case, Desmond Mills. According to Mark Norris, the United States District Court judge, Mills’ sentencing was reset to February 20, 2025, at 2 p.m.