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. GOVERNMENT'S MOTION FOR AN EXTENSION OF TIME TO FILE RESPONSE TO MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE CV-08-462-PHX-JAT (JCG)

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

16 an extension of time in which to file a response to the Motion to Vacate, Set Aside, or Correct 17 Sentence filed by the defendant/movant pursuant to 18 U.S.C. § 2255. The government requests 18 a 60 day extension to file a response for the reason that undersigned counsel just completed a 19 jury trial in United States v. Mohammad Alavi; CR-07-429-PHX-NVW, which took place 20 between May 13, 2008 and May 27, 2008 and required extensive pretrial preparation. In this 21 matter, additional time is needed to review the underlying record, research the issues and 22 respond to the numerous claims of ineffective assistance of counsel alleged by the defendant. 23 Counsel will also need to meet with defendant's former counsel, after former counsel has 24 reviewed his files, in order to address the ineffective assistance claims. Excludable delay under 18 U.S.C. 3161(h) will not occur as a result of this motion and order 25 26 based thereon. 27 // 28 //

Case 2:04-cr-01088-JAT

Document 151

Filed 06/09/2008

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Respectfully submitted this 9th day of June, 2008. DIANE J. HUMETEWA United States Attorney District of Arizona s/ David A. Pimsner DAVID A. PIMSNER Assistant U.S. Attorney

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

9 document to the Clerk's Office using
the CM/ECF system for filing, and sent

10 via U.S. mail to the following: 11 Calvin Frank Morris
Reg. No. 82874-008

12 FPC Fort Dix
P.O. Box 2000 (Camp)

13 Fort Dix, New Jersey 08640 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Case 2:04-cr-01088-JAT

Document 151

Filed 06/09/2008

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