Free Motion for Extension of Time - District Court of Connecticut - Connecticut

Case 3:00-cr-00044-SRU Document 664 Filed 03/10/2008 Page1 of4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
UNITED STATES OF AMERICA : Crim. No.
: 3:00-CR-44 (SRU)
RYAN BALDWIN FEBRUARY 4, 2008
DEFENDANT RYAN BALDWlN’S
SECOND MOTION ON CONSENT FOR EXTENSION OF TIME TO
AMEND HABEAS PETITION
On January 8, 2008, the Court (Underhill, J.) granted Mr. BaIdwin’s Motion to
Reopen [Doc. 631] and granted counsel thirty days to amend Mr. Baldwin’s original pro )
se petition filed pursuant to 28 U.S.C. §2255. On February 12, 2008, the Court granted
Mr. Ba|dwin's first motion for extension of time and extending the deadline to March 10,
2008. [See Doc. 658}. On behalf of Mr. Baldwin, undersigned counsel moves for a
second 30-day extension of time within which to file an amended petition. Government
counsel does not object to this second motion for extension of time. `
In support of this motion for extension oftime, the undersigned states: _
1. On April 16, 2001, Mr. Baldwin entered a guilty plea to Count One ofthe
Superseding Indictment charging him with conspiracy to possess with intent to distribute l
50 grams or more of cocaine base, in violation of 21 USC. §846. .
2. On May 29, 2002, the Court departed downward and sentenced Mr. _
Baldwin to 324 months imprisonment.
3. On June 2, 2003, Mr. Baldwin filed a pro se motion to vacate his l
conviction and sentence pursuant to 28 U.S.C. §2255.
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Case 3:00-cr-00044-SBU Document 664 Filed 03/10/2008 Page 2 of 4
4. On May 26, 2004, Mr. Baldwin, relying on the advice of habeas counsel,
withdrew his Section 2255 petition.
5. The undersigned filed an appearance in this matter on September 20,
2006. _ l
6. On April 9, 2007, Mr. Baldwin filed a Motion to Reopen his Section 2255
petition pursuant to Fed. R. Civ. P. 60(b)(6), attacking the integrity ofthe underlying
habeas proceedings.
7. On January 8, 2008, the Court entered an order granting Mr. Baldwin’s
motion to reopen the habeas proceedings. The order further provides that, "[s]hould Mr.
Baldwin wish to amend his original petition, his counsel shall file an amended petition
within 30 days of the entry of this order.”
8. On February 12, 2008, the Court granted Mr. BaIdwin's first motion for
extension of time to amend the Section 2255 petition, extending the deadline to March e
10, 2008.
9. On March 3, 2008, Mr. Baldwirfs trial counsel, Attorney Joseph Martini, l
notified undersigned counsel that his fiie would be available for review. .
10. On March 6, 2008, undersigned counsel traveled to New Haven,
Connecticut to conduct a complete review of Attorney Marlini’s entire file.
11. On March 7, 2008, undersigned counsel traveled to Otisville FCl to confer
with Mr. Baldwin about his pending Section 2255 petition and the availability of relief
pursuant to 28 U.S.C. §3582(c)(2) by virtue ofthe United States Sentencing
Commission’s recent amendments to the Drug Table in U.S.S.G. §2D1.1.
12. While Mr. Baldwin has indicated a willingness to pursue relief pursuant to
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Case 3:00-cr-00044-SRU Document 664 Filed 03/10/2008 Page 3 of 4
28 U.S.C. §3582(c)(2), he requested a week to decide whether he intends to pursue his
habeas petition, which is relevant to undersigned counsel’s decision whether to file any
amendments to the petition.
13. Accordingly, in order to presewe any rights that I\/lr. Baldwin may have
with respect to amendment of the Section 2255 petition, undersigned counsel requests
that the Court grant l\/lr. Baldwin another 30-day extension of time within which to file
any amendments to his pending Section 2255 petition.
14. This is l\/lr. BaIdwin’s second motion for extension of time to amend his
Section 2255 petition.
15. The Government does not object to this second motion for extension of
time.
, 1)
Zeldes, Needle & Cooper
1000 Lafayette Blvd.
F’.O. Box 1740 .
Bridgeport, Connecticut 06604
Tel: (203) 333-9441
Fax: (203) 333-1489 g
Email: n‘[email protected]
Attorney for Ryan Baldwin l
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Case 3:00-cr-00044-SRU Document 664 Filed 03/10/2008 Page 4 of 4
CERTIFICATION I
This is to certify that a copy of the foregoing has been sent via first class, United l
States ll/Iail, postage prepaid, on this date, to:
Peter Markle, AUSA _
H. Gordon Hall, AUSA
U.S. Attorney’s Office
157 Church Street, 23rd Floor
P.O. Box 1824
New Haven, CT 06510
Rudolph Findley l\/liller, Esq.
390 Centre St.
Jamaica Plain, I\/IA 02130 .
Dated at Bridgeport, Connecticut this I\/larch 10, 2008.

ert I\/l. Frost, Jr _
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