Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona KAREN S. MCDONALD Assistant U.S. Attorney Arizona State Bar No. 014274 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 Facsimile: (602) 514-7760 E-Mail: [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff-Respondent, v. Arturo Badillo-Franco, Defendant-Movant, No. CV 05-11715-PHX-EHC (DKD) No. CR 04-0987-PHX-EHC MOTION FOR PERMISSION TO FILE LATE RESPONSE TO DEFENDANT'S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE PURSUANT TO 28 U.S.C..§2255

The United States of America, by and through undersigned counsel, hereby requests permission to file a late reply to Defendant-Movant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. §2255. On June 8, 2005, Defendant-Movant, Arturo Badillo Franco, filed a pro se motion pursuant to 28 U.S.C. § 2255 alleging an unconstitutional search and ineffective assistance of counsel as basis for relief. This motion was served upon the United States on June 16, 2005. By Order dated June 14, 2005, the Court ordered the United States to respond to the petition within 60 days. On August 15, 2005, the United States applied for an additional 45 days within which to respond. By Order dated August 17, 2005, the Court granted that motion for an additional 45 days to respond. The United States herein seeks permission to submit a late Response. Counsel originally applied to the Court for additional time to respond to the Motion in order to obtain the transcripts of the entry of Defendant-Movant's guilty plea. However, undersigned counsel failed to calendar the due date of the response after the Court granted the extension. DefendantMovant has not been unduly impacted by this delay, since Defendant-Movant's sentence is not nearing completion.

Case 2:04-cr-00987-EHC

Document 33

Filed 10/13/2005

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For the foregoing reasons, the United States seeks permission from the Court to file a late

2 Response to Defendant-Movant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 3 28 U.S.C. § 2255. 4 5 6 7 8 9 10 11 CERTIFICATE OF SERVICE 12 13 I hereby certify that on October 13, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of 14 Electronic Filing and mailed a copy thereof to the following via U.S. Postal Service: 15 Arturo Badillo Franco Reg. No. 63978-208 16 Eloy Detention Center 1705 E. Hanna Rd. 17 Eloy, AZ 85231 18 s/Karen S. McDonald 19 KAREN S. McDONALD Assistant U. S. Attorney 20 21 22 23 24 25 26 27 28 2 PAUL K. CHARLTON United States Attorney District of Arizona S/Karen S. McDonald KAREN S. MCDONALD Assistant U.S. Attorney Respectfully submitted this 13th day of October, 2005.

Case 2:04-cr-00987-EHC

Document 33

Filed 10/13/2005

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