Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1518

Filed 05/05/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 04-cr-00103-REB UNITED STATES OF AMERICA, Plaintiff, v 4. CHARLES FRANKLIN LEWIS, Defendant,

_____________________________________________________________________ GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION FOR EXTENSION OF VOLUNTARY SURRENDER DATE, etc (Doc. # 1513) _____________________________________________________________________ The government, by Wyatt Angelo and Matthew T. Kirsch, Assistant United States Attorneys hereby respond to the defendant's Motion For Extension of Voluntary Surrender Date, etc and on the grounds set forth below requests that the part of defendant's motion to extend the voluntary surrender date be denied. 1. The government believes that this matter could and should have been raised at the sentencing held on April 30, 2008. 2. The failure to raise this matter at or before sentencing prohibits the Court and the government from inquiry concerning the merits of the request, which on the face of the motion and attachment appear questionable. 3, The medical appointment for June 18, 2008, was clearly made before the sentencing, and the date therefore coupled with the physician's apparent comfort in scheduling it for a date so far in the future strongly suggests that it is not for an

Case 1:04-cr-00103-REB

Document 1518

Filed 05/05/2008

Page 2 of 3

acute condition, contrary to the physician's statement that Mr. Lewis' condition "demands being seen on this date". 4. The defendant has had ample time (11 months) since the verdict, and it appears that the defendant has not taken advantage of that lengthy interval to get his medical affairs in order. 5. The government is concerned that this medical appointment will lead to the suggestion that further medical appointments are necessary, with additional requests for extension of the surrender date. 6. For the defendant's benefit and from a continuity of treatment perspective, allowing the medical staff from the Bureau of Prisons to become familiar with the defendant's medical needs and treatment at the earliest possible stage militates against the request. THEREFORE, the government respectfully prays that the defendant's request to defer the voluntary surrender date be denied.

TROY A. EID United States Attorney

s/ Wyatt B. Angelo WYATT B. ANGELO Assistant United States Attorney 400 Rood Avenue, Suite 220 Grand Junction, CO 81501 Telephone: (970)-241-3843 FAX: (970)-248-3630 E-mail: [email protected] Attorney for Plaintiff United States

Case 1:04-cr-00103-REB

Document 1518

Filed 05/05/2008

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify on this 5th day of MAY, 2008, I electronically filed the foregoing GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION FOR EXTENSION OF VOLUNTARY SURRENDER DATE, etc (Doc. # 1513) with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Peter Bornstein, Esq. [email protected] Thomas Hammond, Esq. [email protected] Ronald Gainor, Esq. [email protected]

Richard N. Stuckey, Esq. [email protected] Thomas Goodreid, Esq. [email protected]

and I hereby certify that I have emailed the document to the following participants: Senior U.S. Probation Officer Caryl Ricca United States Probation Office 1929 Stout Street, Suite C-120 Denver, CO 80294-0101

s/ Matthew T. Kirsch MATTHEW T. KIRSCH U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Telephone 303-454-0100 Facsimile 303-454-0402 E-mail [email protected] Attorney for the Government