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

. ii Case 3:00-cr-00044-SRU Document 657 Filed 02/05/2008 Page 1 of 4
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 BALDWIN’S
FIRST NIOTION FOR EXTENSION OF TIME TO FILE
AMENDED HABEAS PETITION IN ACCORDANCE WITH THE COURT’S ORDER
DATED JANUARY 8, 2008
On January 8, 2008, the Court (Underhill, J.) granted Mr. Baldwin’s Motion to
Reopen [Doc. 631] and granted counsel thirty days to amend Mr. Baidwin’s original pro
se petition filed pursuant to 28 U.S.C. §2255. On behalf of Mr. Baldwin, undersigned
counsel moves for a 30-day extension of time within which to file any such amended
petition. The Government has no objection to the requested extension.
In support of this motion for extension of time, 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
50 grams or more of cocaine base, in violation of 21 U.S.C. §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
conviction and sentence pursuant to 28 U.S.C. §2255.
4. On May 26, 2004, Mr. Baldwin, relying on the advice of habeas counsel,
withdrew his Section 2255 petition.

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5. The undersigned filed an appearance in this matter on September 20,
2006.
6. On Aprii 9, 2007, Mr. Baldwin flied a Motion to Reopen his Section 2255
petition pursuant to Fed. R. Civ. P. 60(b)(6), attacking the integrity of the underlying
habeas proceedings.
7. On January 8, 2008, the Court entered an order granting Mr. Baldwin’s
motion to reopen the habeas proceedings. The orderfurther provides that, "[s}houId 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. Although the undersigned has advised Mr. Baldwin ofthe Court’s January
8, 2008 ruling, the press of other business has prevented counsel from meeting with Mr.
Baldwin at Otisville F.C.l. to discuss any amendment ofthe original pro se petition.
9. ln addition, this is a crack cocaine conspiracy case, and it appears that Mr.
Baldwin is eligible for a reduction in his sentence under 28 U.S.C. §3582(c)(2) by virtue
of the United States Sentencing Commission’s recent amendments to the Drug Table in
U.S.S.G. §2D1.1. Before proceeding with any possible amendments to Mr. BaIdwin‘s
original Section 2255 petition, counsel would like the opportunity to discuss this re-
sentencing option with Mr. Baldwin.
10. In addition, should counsel choose to amend the original petition, it is
likely that counsel may need additional documents from the files of Mr. Baldwin’s trial
counsel, Attorney Joseph Martini, and Mr. Baldwirfs prior habeas counsel, Attorney
i
Rudolph Miller.
11. This is Mr. Ba|dwin‘s first motion for extension of time to amend his
l.

. s Case 3:00-cr-00044-SRU Document 657 Filed 02/05/2008 Page 3 of 4
Section 2255 petition. E
12. The Government has no objection to this first request for extension of
time.
Robert l\/I. Frosiiri. @@771)
Zeldes, Needle & Cooper
1000 Lafayette Blvd.
P.O. Box 1740
Bridgeport, Connecticut 06604
Tel: (203) 333-9441
Fax: (203) 333-1489
Email: n‘[email protected]
Attorney for Ryan Baldwin

.. ‘ Case 3:00-cr-00044-SRU Document 657 Filed 02/05/2008 Page 4 of 4
‘ CERTIFICATION
This is to certify that a copy of the foregoing has been sent via first class, United
States Mail, 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 l
New Haven, CT 06510 I
Rudolph Findley Miller, Esq.
390 Centre St.
Jamaica Plain, MA 02130
Dated at Bridgeport, Connecticut this February 4, 2008.
·t M. Frost, Jrt E 2


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