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

Case 1:04-cr-00058-REB

Document 91

Filed 03/06/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

) ) Plaintiff, ) ) vs. ) ) 1. MANUEL RAMIREZ-JIMENEZ, ) ) Defendant. )

UNITED STATES OF AMERICA,

Criminal Action No.: 04-CR-058-RB Tenth Circuit Court of Appeals Case No: 05-1291

MOTION FOR A 40 DAY EXTENSION OF TIME TO FILE APPELLANT S OPENING BRIEF

Appellant-Defendant, Manuel Ramirez-Jimenez, by and through his attorney, Robert S. McCormick, moves the Court for a a 40-day extension of time, up to and including Monday, April 17, 2006, for Appellant to file his opening brief. AS GROUNDS for this Motion, the Appellant states, as follows: 1. On June 21, 2005, the Notice of Appeal was filed in the above captioned action. 2. On January 24, 2006, the undersigned counsel received a Notice that the record on appeal was certified as complete.
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Case 1:04-cr-00058-REB

Document 91

Filed 03/06/2006

Page 2 of 3

3.

In the interim, the undersigned counsel has had a heavy trial and hearing schedule in both state and federal court, and he has been unable to get to the U.S. District Court to review the record.

4.

The undersigned counsel will need an additional 40 days to complete his research and review of the record.

5.

The undersigned counsel has been diligent in this matter, but must request this extension of time in order to properly prepare this opening brief.

6.

There will be no prejudice to any party if the Court grants the relief requested herein.

7. 8. 9.

The Appellant is in custody. No other requests for an extension of time have been made in this regard. It is in the interests of justice to allow the Appellant adequate time to complete the research and properly prepare his appeal.

WHEREFOR, the Appellant respectfully requests that the Court enter an Order granting the Appellant a 40-day extension of time, up to and including Monday, April 17, 2006, and for such other relief as the Court deems appropriate. Dated: March 6, 2006.

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Case 1:04-cr-00058-REB

Document 91

Filed 03/06/2006

Page 3 of 3

LAW OFFICE OF ROBERT S. MCCORMICK Respectfully submitted, /s/ Robert S. McCormick Robert S. McCormick P.O. Box 2205 806 N. College Avenue Fort Collins, Colorado 80521 (970) 493-3004 Fax: (970) 493-4399 ATTORNEY FOR APPELLANT

Certificate of Service I hereby certify that on this 6th day of March 2006, I served a true and correct copy of the foregoing Motion, via ECF/Pacer electronic filing, and by placing the same in the U.S. Mail and addressed to: United State s Attorney s Office-Denver Attn: Robert M. Brown 1225 - 17th Street, #700 Denver, Colorado 80202 /s/ Bonnie R. Krannig

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