Free Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2625

Filed 10/02/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No.00-cr-00531-WYD-02 UNITED STATES OF AMERICA, Plaintiff, v. 2. RUDY CABRERA SABLAN, Defendant.

GOVERNMENT'S UNOPPOSED MOTION FOR EXTENSION OF TIME

The United States of America, by Troy A. Eid, United States Attorney for the District of Colorado, and through Brenda K. Taylor and Philip A. Brimmer, Assistant U.S. Attorneys, respectfully requests that the deadline for filing its response to Defendant's Motion to Strike Notice of Intent to Seek the Death Penalty be extended from October 5, 2007 until October 12, 2007. The reasons for this request are as follows: 1. In its Amended Case Management Order of September 24, 2007 the Court, based on its rulings at the status conference held September 12, 2007, set a deadline of September 24, 2007 for the defendant to file a renewed motion regarding the heinous or depraved statutory aggravating factor. The government was directed to file its response by October 5, 2007. 2. On September 24, 2007, the defendant filed its Motion to Strike Notice of

Case 1:00-cr-00531-WYD

Document 2625

Filed 10/02/2007

Page 2 of 4

Intent to Seek the Death Penalty. In addition to the "heinous or depraved" argument, the Motion includes an entirely separate argument that the decision to continue to seek the death penalty for Rudy Sablan was arbitrary and capricious and in violation of the defendant's rights under the Fifth and Eighth Amendments to the Constitution. 3. A hearing has been set for October 23, 2007 to address the renewed motion to strike the heinous or depraved aggravator as well as other matters as directed in the Amended Case Management Order. The government anticipates that the Court would also entertain argument on the constitutional issues raised in defendant's motion at that hearing. 4. The government requires additional time to fully brief the new issues in the motion and requests that the Court extend the deadline for the response until October 12, 2007, the date when all additional and supplemental motions are due to be filed. 5. Extending the deadline to October 12, 2007 will not affect the hearing date of October 23, 2007. 6. Counsel for the government has conferred with Forrest Lewis, counsel for defendant Rudy Sablan, and he has no objection to the government's request.

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Case 1:00-cr-00531-WYD

Document 2625

Filed 10/02/2007

Page 3 of 4

Respectfully submitted this 2nd day of October, 2007. TROY A. EID United States Attorney

BY: s/ Brenda K. Taylor BRENDA K. TAYLOR Assistant U.S. Attorney U.S. Attorney's Office 1225 17 th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0406 E-mail address: [email protected] Attorney for Government

BY: s/ Philip A. Brimmer PHILIP A. BRIMMER Assistant U.S. Attorney U.S. Attorney's Office 1225 17 th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0406 E-mail address: [email protected] Attorney for Government

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Case 1:00-cr-00531-WYD

Document 2625

Filed 10/02/2007

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of October, 2007, I electronically filed the foregoing GOVERNMENT'S UNOPPOSED MOTION FOR EXTENSION OF TIME with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Forrest W. Lewis FORREST W. LEWIS, P.C. 1600 Broadway, Suite 1525 Denver, Colorado 80202 Telephone: (303) 830-2190 Facsimile: (303) 830-1466 E-mail: [email protected] Attorney for Defendant Rudy Sablan Donald R. Knight KNIGHT & MOSES, LLC 7852 S. Elati Street, Suite 201 Littleton, Colorado 80120 Telephone: (303) 797-1645 Facsimile: (303) 730-0858 Email: [email protected] Attorney for Defendant Rudy Sablan

By: s/ Veronica Ortiz VERONICA ORTIZ Legal Assistant 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0403 E-mail: [email protected]

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