Free Response to Motion - District Court of Colorado - Colorado

Case 1:00-cr-00481-WYD

Document 1663

Filed 12/21/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00-CR-481-D UNITED STATES OF AMERICA, Plaintiff, v. RODERICK SCHULTZ, Defendant.

GOVERNMENT'S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S SHULTZ'S MOTION FOR A NEW TRIAL BASED UPON NEWLY DISCOVERED EVIDENCE The United States, by and through undersigned counsel,

respectfully requests additional time in which to respond to defendant Schultz's Motion For a New Trial Based Upon Newly

Discovered Evidence. In support thereof, the United States states. On or about October 21, 2005, defendant Schultz filed the above-styled motion. The Court on December 19, 2005 ordered the The motion has seven

United States to respond by January 6, 2006. (7) exhibits attached to it.

The government in its response expects to argue to the Court that the defendant is not entitled to a new trial as a matter of law. Nonetheless, the government needs the additional time

requested to conduct its investigation into the veracity of the claims made in the defendant's motion.

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Case 1:00-cr-00481-WYD

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It is also appears necessary to review trial transcripts of witnesses, reports of prior witness interviews, and court filings before being able to adequately respond to the Motion for a New Trial. As a result, the United States would request an extension

of two weeks in which to respond thru the close of business on January 20, 2006. Undersigned counsel has contacted counsel for defendant

Schultz (Neil MacFarlane) and he has no objection to the additional time requested. WHEREFORE, the United States respectfully requests an

extension of time to respond to the above described Motion for a New Trial Based Upon Newly Discovered Evidence up to and including January 20, 2006.

Respectfully submitted, WILLIAM J. LEONE United States Attorney

By: s/ROBERT E. MYDANS Robert E. Mydans Assistant United States Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: (303)454-0100 FAX: (303) 454-0402 E-mail: [email protected] Attorney for Plaintiff 2

Case 1:00-cr-00481-WYD

Document 1663

Filed 12/21/2005

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Case 1:00-cr-00481-WYD

Document 1663

Filed 12/21/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 21st day of December 2005 I electronically filed the foregoing GOVERNMENT'S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S SHULTZ'S MOTION FOR A NEW TRIAL with the Clerk of the Court using the CM/ECF system which will send notification of each filing to the following e-mail addresses: Neil MacFarlane [email protected] S/ Charlotte A. Seaton CHARLOTTE A. SEATON Legal Assistant to Robert E. Mydans U.S. Attorney's Office 1225 - 17th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0244 Fax: (303) 454-0402 E-mail address: [email protected]

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