Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1513

Filed 05/05/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA, Plaintiff,

v.

4. CHARLES FRANKLIN LEWIS Defendant. ______________________________________________________________________________ MOTION FOR EXTENSION OF VOLUNTARY SURRENDER DATE AND FOR JUDICIAL RECOMMENDATION FOR PLACEMENT IN A COLORADO FACILITY ______________________________________________________________________________ Comes now undersigned counsel on behalf of the Defendant, Charles Franklin Lewis, who files this Motion for Extension of Voluntary Surrender Date and for Judicial Recommendation for Placement in a Colorado Facility and, in support, would allege the following; 1. On April 30, 2008, Defendant, Charles Franklin Lewis was sentenced to a term of thirty

years in the above-captioned case. As part of this sentence, Lewis was ordered to voluntary surrender to the Bureau of Prisons no later than June 2, 2008. 2. Prior to the imposition of sentence, the Defendant was scheduled for a gastrointestinal

appointment at Denver Health on June 18, 2008. After sentencing, the Defendant attempted to reschedule and accelerate this appointment so as to avoid any conflict with the voluntary surrender date.

Case 1:04-cr-00103-REB

Document 1513

Filed 05/05/2008

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3.

Despite his best efforts, Defendant Lewis has been unable to reschedule the appointment

(please see Exhibit One attached to this motion). 4. Defendant Lewis has been treated by doctors at Denver Health for a serious gastrointestinal

condition for the last several years. The Defendant requests that he be allowed to attend this important appointment with his treating physician prior to his surrender in this case. To this end, the Defendant would request that a new voluntary surrender date of June 23, 2008 be set. 5. Defendant Lewis would also request that the Court recommend that he be designated to the

BOP facility located in Englewood, Colorado. If such a placement is not possible, Mr. Lewis would request a recommendation for placement at a facility somewhere within the State of Colorado. 6. These specific placement requests are being made in order to facilitate visitation between the Defendant and family members who reside in the Denver area and who are without the necessary financial capability to travel to more distant facilities. 7. Assistant United States Attorney Matthew Kirsch does not oppose the request for a placement

recommendation but would oppose any extension of the current June 2, 2008 surrender date. WHEREFORE, based on the above and foregoing, undersigned counsel requests that this Honorable Court grant the relief contained in this motion.

Respectfully submitted, s/ Ronald Gainor RONALD GAINOR 6414 Fairways Drive Longmont, CO 80503 (303) 448-9646 (303) 447-0930 (fax) [email protected]

Case 1:04-cr-00103-REB

Document 1513

Filed 05/05/2008

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CERTIFICATE OF SERVICE I hereby certify that I have electronically filed the foregoing Motion on this 5th day of May, 2008 with the Clerk of the Court using the CM/ECF system which will send notification of said filing to all parties of record in this case.

s/ Ronald Gainor RONALD GAINOR 6414 Fairways Drive Longmont, CO. 80503 (303) 448-9646 (303) 447-0930 (fax) [email protected]