Free Motion to Extend Time - District Court of Arizona - Arizona

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DIANE J. HUMETEWA United States Attorney District of Arizona DAVID A. PIMSNER Assistant U.S. Attorney Arizona State Bar No. 007480 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-04-1088-PHX-JAT Plaintiff, v. Calvin Frank Morris, Defendant/Movant. CV-08-462-PHX-JAT (JCG) GOVERNMENT'S MOTION FOR AN EXTENSION OF TIME TO FILE RESPONSE TO MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE

The United States of America, by and through undersigned counsel, respectfully requests

15 an extension of time in which to file a response to the Motion to Vacate, Set Aside, or Correct 16 Sentence filed by the defendant/movant pursuant to 18 U.S.C. § 2255. The government requests 17 a 30-day extension to file a response for the reason that undersigned counsel needs additional 18 time to review the underlying record, which consisted of six trial days in 2005, and research the 19 numerous issues raised by the defendant. Additionally, undersigned counsel has spoken to 20 defendant's former counsel, and it appears that an affidavit will need to be prepared to fully 21 respond to the defendant's ineffective assistance of counsel claims. Accordingly, a 30-day 22 extension is requested to respond to defendant's motion. 23 Excludable delay under 18 U.S.C. 3161(h) will not occur as a result of this motion and order 24 based thereon. 25 // 26 // 27 // 28

Case 2:04-cr-01088-JAT

Document 152

Filed 08/11/2008

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Respectfully submitted this 11th day of August, 2008. DIANE J. HUMETEWA United States Attorney District of Arizona

s/ David A. Pimsner DAVID A. PIMSNER Assistant U.S. Attorney

8 CERTIFICATE OF SERVICE 9 I hereby certify that on August 11, 2008,
I electronically transmitted the attached

10 document to the Clerk's Office using
the CM/ECF system for filing and transmittal

11 of a Notice of Electronic Filing
to the following who is not a CM/ECF registrant:

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Calvin Frank Morris

13 Reg. No. 82874-008
FPC Fort Dix

14 P.O. Box 2000 (Camp)
Fort Dix, New Jersey 08640

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s/ David A. Pimsner

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Case 2:04-cr-01088-JAT

Document 152

Filed 08/11/2008

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