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

1 JON M. SANDS Federal Public Defender 2 District of Arizona 850 W. Adams, Suite 201 3 Phoenix, Arizona 85007 Telephone: (602) 382-2753 4 DONNA LEE ELM, #012127 5 Asst. Federal Public Defender Attorney for Defendant 6 [email protected] 7 8 9 10 11 12 13 14 15 16 James D. Perino, through undersigned counsel, respectfully requests that 17 this Court allow him to extend the time allotted for filing a Response to the 18 Government's Motion to Request Medical Examination of Defendant. The Defense 19 appreciates the Government's and Court's patience with this matter. The Defense hesitates to respond (it would, at this juncture, have to be 20 21 with a reflexive opposition to the motion) because it has not had the benefit of 22 hearing from the psychiatrist it hired to evaluate Mr. Perino yet. That evaluation 23 should be completed approximately now, and Defense Counsel is hoping to get at 24 least a verbal report of the issues and testing that his case might call for shortly; 25 messages to that effect have been left for that doctor. When Counsel consults with 26 the psychiatrist, the Defense will immediately file a response. It may well be that 27 both parties will agree as to medical and psychological testing that Mr. Perino should 28 undergo. Consequently, the Defense asks the Court to extend time for filing the vs. James D. Perino, Defendant. United States of America, Plaintiff, No. CR-04-1071-PHX-FJM MOTION TO EXTEND TIME FOR DEFENSE TO RESPOND TO GOVERNMENT'S MOTION TO REQUEST MEDICAL EXAMINATION OF DEFENDANT (First Request) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 2:04-cr-01071-REJ

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Filed 08/30/2005

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1 response to within four (4) hours of when counsel consults with the retained 2 psychiatrist ­ but in any event, no later than Tuesday, September 6, 2005. 3 Defense counsel has attempted to contact Assistant United States 4 Attorney, Clarence Butler, concerning his motion and whether there would be any 5 joint positions we could agree to (in accordance with Local Rule 1.10(j), Rules of 6 U.S. District Court, District of Arizona), but given the lawyers' schedules, the 7 parties have missed each others' calls. Nonetheless, the Defense called again this 8 afternoon and left a message asking whether the prosecutor objects to this request 9 for a brief extension of time to respond to his motion. The Defense will e-file this 10 motion immediately and supplement it as soon as it hears from the Assistant United 11 States Attorney. 12 14 thereon. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// 2 A proposed Order is attached for the Court's convenience. Respectfully submitted: August 30, 2005. JON M. SANDS Federal Public Defender s/Donna Lee Elm DONNA LEE ELM Asst. Federal Public Defender It is expected that excludable delay under Title 18 U.S.C. § 13 3161(h)(8)(A) & (h)(1)(F) may result from this motion or from an order based

Case 2:04-cr-01071-REJ

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Filed 08/30/2005

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1 Copy of the foregoing e-mailed this 30th day 2 of August, 2005, to: 3 CLARENCE BUTLER Assistant U.S. Attorney 4 5400 Federal Plaza, Ste 1500 Hammond, IN 46320 5 6 Copy of the foregoing mailed th through the U.S.Mails this 30 7 day of August, 2005, to 8 JAMES D. PERINO Defendant 9 10 s/Donna Lee Elm 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Case 2:04-cr-01071-REJ

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Filed 08/30/2005

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