Free Motion to Shorten Time - District Court of California - California

Case 3:08-cr-00650-JM

Document 48

Filed 05/20/2008

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KAREN P. HEWITT United States Attorney STEVEN DE SALVO Assistant U.S. Attorney California State Bar No. 199904 United States Attorney's Office 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-7032/(619) 235-2757 (Fax) Email: [email protected] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) Criminal Case No. 08CR0650-JM ) UNITED STATES OF AMERICA, ) ) APPLICATION FOR ORDER Plaintiff, ) SHORTENING TIME ) v. ) ) SANDRA BNI (3), ) ) Defendant. ) COMES NOW the plaintiff, United States of America, by and through its counsel, Karen P. Hewitt, United States Attorney, and Steven De Salvo, Assistant United States Attorney, and hereby moves this Court for an order shortening time for the filing of its Response and Opposition to Defendant's motions to: (1) dismiss counts 3, 6, and 9 based on unconstitutional vagueness, (2) grant bill of particulars;(3) sever case from co-defendants; compel further discovery; (5) grant leave to file further motions. The grounds for this application are set forth in the attached declaration. DATED: May 20, 2008 Respectfully submitted, KAREN P. HEWITT United States Attorney s/Steven De Salvo ___________________________ STEVEN DE SALVO Assistant United States Attorney Attorneys for Plaintiff

Case 3:08-cr-00650-JM

Document 48

Filed 05/20/2008

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DECLARATION OF STEVEN DE SALVO I, Steven De Salvo, hereby declare as follows: 1. 2. I am an Assistant United States Attorney for the Southern District of California. I am assigned to the above-captioned case, which is set for a Motion Hearing on May

23, 2008, at 11 a.m. 3. The defense on behalf of Ms. Bni filed its Motion to Dismiss the Indictment and

Suppress Statements on March 28, 2008. On April 11, 2008, the court continued the hearing on the motions to May 23, 2008. Under the local rules, the response of the United States should have been filed, at the latest, on May 9, 2008, which is 14 days prior to the May 23 Motion Hearing. 4. Due to the complexity of issues presented by Defendant's motion, and due to the fact that I was busy preparing for trial on May 19 in an unrelated case, the United States needed additional time to prepare its response. 5. Additional motions have been filed by co-defendants within the last week. The Court's clerk has informed me that the Motion Hearing likely will be continued to a later date to accommodate a timely hearing for the latest motions. 6. Accordingly, the United States respectfully requests that the Court allow the Government's response to be filed late, on May 20, 2008. Dated: May 20, 2008 /s/ Steven De Salvo ___________________________ STEVEN DE SALVO Assistant U.S. Attorney

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Case 3:08-cr-00650-JM

Document 48

Filed 05/20/2008

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 22 23 24 25 26 27 28 I declare under penalty of perjury that the foregoing is true and correct. Executed on May 20, 2008. s/ Steven De Salvo STEVEN DE SALVO SANDRA BNI (3), v. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) Criminal Case No. 08CR0050-JM ) Plaintiff, ) ) CERTIFICATE OF SERVICE ) ) ) ) Defendant. ) )

IT IS HEREBY CERTIFIED THAT: I, STEVEN DE SALVO, am a citizen of the United States and am at least eighteen years of age. My business address is 880 Front Street, Room 6293, San Diego, California 92101-8893. I am not a party to the above-entitled action. I have caused service of GOVERNMENT'S RESPONSE AND OPPOSITION TO DEFENDANT SANDRA BNI'S MOTIONS on the following parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System. Shaun Khojayan John C. Ellis Kerry Bader