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

Case 1:04-cr-00103-REB

Document 1263

Filed 06/07/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cr-00103-REB UNITED STATES OF AMERICA, Plaintiff, v. 1. NORMAN SCHMIDT, Defendants.

MOTION FOR EXTENSION OF TIME TO FILE POST-TRIAL MOTION PURSUANT TO FED.R.CRIM.P. 33 Defendant, Norman Schmidt, by his counsel of record, Peter R. Bornstein and Thomas J. Hammond, moves this Court for an extension of time of ten (10) days for the filing of a motion for new trial pursuant to Rule 33 of the Federal Rules of Criminal Procedure. As grounds in support of his motion, Defendant Schmidt states to the Court as follows: 1. The jury returned guilty verdicts against Defendant Norman Schmidt on

Tuesday, May 29, 2007. The time for filing a motion for new trial under Rule 33 of the Federal Rules of Criminal Procedure is seven days after the verdict which, subtracting weekends, is June 7, 2007. 2. In light of the multiple verdicts returned by the jury and the extreme

difference between verdicts returned against Co-Defendants Smith and Weed versus those returned against Defendant Schmidt, counsel is still engaged in an analysis of the meaning of that disparity.

Case 1:04-cr-00103-REB

Document 1263

Filed 06/07/2007

Page 2 of 3

3.

Counsel is determining whether there are appropriate grounds on which to

seek a new trial. 4. This analysis has not been completed due to the complexity of the case

and the verdicts. Accordingly, counsel requests an additional seven business days in which to prepare and file a motion for new trial. WHEREFORE, Defendant Norman Schmidt requests an extension of time to and including June 18, 2007, for the filing of a motion for new trial. Respectfully submitted this 7th day of June, 2007. THE LAW OFFICES OF PETER R. BORNSTEIN

s/ Peter R. Bornstein Peter R. Bornstein The Law Offices of Peter R. Bornstein 1600 Broadway, Suite 2300 Denver, CO 80202

THOMAS J. HAMMOND , P.C. s/ Thomas J. Hammond Thomas J. Hammond Thomas J. Hammond, P.C. 1544 Race Street Denver, CO 80206 Attorneys for Defendant Norman Schmidt

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Case 1:04-cr-00103-REB

Document 1263

Filed 06/07/2007

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 7th day of June, 2007, I electronically filed the foregoing MOTION FOR EXTENSION OF TIME TO FILE POST-TRIAL MOTION PURSUANT TO FED.R.CRIM.P. 33 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Matthew T. Kirsch, Esq. Wyatt B. Angelo, Esq. Assistant U.S. Attorneys [email protected] [email protected] [email protected], [email protected] [email protected] Ronald Gainor, Esq. [email protected] Thomas E. Goodreid, Esq. [email protected] Thomas J. Hammond, Esq. [email protected] Declan J. O'Donnell, Esq. [email protected] Mitchell Baker, Esq. [email protected] Richard K. Kornfeld [email protected] Richard N. Stuckey [email protected]

s/ Ava Carpenter Ava Carpenter

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