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

Case 1:04-cr-00449-REB-CBS

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00449 (Civil Action No. 06-cv-02445-REB) UNITED STATES OF AMERICA, Plaintiff-Respondent, v. DENNIS S. HERULA, Defendant-Movant.

GOVERNMENT'S MOTION FOR EXTENSION OF TIME TO RESPOND TO MOVANT'S MOTION PURSUANT TO 28 U.S.C. § 2255

The United States of America, by and through Troy A. Eid, United States Attorney, and Andrew A. Vogt, Assistant United States Attorney, hereby requests an extension of time of 30 days, to and including February 21, 2007, within which to respond to Defendant-Movant Dennis s. Herula's Motion Pursuant to 28 U.S.C. § 2255, and as grounds therefor, states as follows: 1. On December 5, 2006, Defendant-Movant filed a motion pursuant to 28 U.S.C.

§ 2255 collaterally attacking the judgment of this Court, and the Court has ordered the government to respond thereto not later than January 22, 2007. 2. Defendant-Movant's motion pursuant to § 2255 involves issues which will require

thorough analysis and discussion of Defendant's claims and allegations based on a review and understanding of the substantial record of pretrial, change of plea, sentencing, and appellate proceedings.

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3.

Undersigned counsel did not represent the government in the previous proceedings

before this Court, and will therefore require adequate time to familiarize himself with the record and prepare a thorough and accurate response to the § 2255 motion. 4. Severe winter storms in Colorado, which caused the emergency closure of the United

States Attorney's Office in Denver on December 20, 21, 28 and 29, 2006, as well as the closure of the Office by executive order of the President in observance of the National Day of Mourning on the passing of President Gerald R. Ford, prevented undersigned counsel from working toward completion of the government's briefs in other post-judgment matters assigned to undersigned counsel. Consequently, undersigned counsel has been unable to begin work on the response ordered by the Court in the instant matter and counsel will be unable to do so for approximately two more weeks as a backlog of other court matters with earlier deadlines is addressed. 5. Undersigned counsel has been engaged in preparing the government's answer briefs

several other matters in which he was not trial counsel, including United States v. Saenz, No. 061071, which is due to be filed on January 5, 2007, and United States v. Powell, No. 06-1201, an unusually complex appeal in which the government's answer brief addressing numerous issues is due to be filed not later than January 12, 2007. Additionally, undersigned counsel must prepare for oral argument on January 19, 2007, in United States v. Helmstetter, No. 06-1045, a complex appeal now pending before the U.S. Court of Appeals for the Tenth Circuit. 6. Undersigned counsel has not contacted Defendant-Movant to ascertain his position

on this motion because Defendant-Movant is proceeding pro se.

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WHEREFORE, the United States requests an extension of time of 30 days, to and including February 21, 2007, in which to file Plaintiff-Appellee's written response. Respectfully submitted, TROY A. EID United States Attorney

By:

____________________________ ANDREW A. VOGT Assistant U. S. Attorney Colorado Bar # 004371 1225 17th Street, Suite 700 Denver, CO 80202 Phone: 303-454-0100 E-mail address: [email protected] Attorneys for Plaintiff-Appellee

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 4th day of January, 2007, I electronically filed the foregoing APPELLEE'S MOTION FOR ADDITIONAL EXTENSION OF TIME with the Clerk of Court using the ECF system. A copy was placed in the U.S. Mail, postage paid, to: Dennis S. Herula Reg. No. 05233-070 Federal Correctional Institution P.O. Box 7000 Fort Dix, NJ 08640

_______________________ Nancy Hein /s Nancy Hein U. S. Attorney's Office

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00449 (Civil Action No. 06-cv-02445-REB) UNITED STATES OF AMERICA, Plaintiff-Respondent, v. DENNIS S. HERULA, Defendant-Movant.

ORDER

The United States of America, Plaintiff-Respondent herein, having moved for a 30-day extension time within which to file a written response to Defendant-Movant Dennis S. Herula's motion under § 2255, to and including February 21, 2007, And the Court being advised in the premises, it is hereby ORDERED that the United States of America, Plaintiff-Respondent, on or before February 21, 2007, shall file in the above criminal action an answer or other pleading in response to the motion pursuant to Rule 4 of the Rules Governing Section 2255 Proceedings. Dated _____________________ BY THE COURT:

___________________________ ROBERT E. BLACKBURN, Judge UNITED STATES DISTRICT COURT