Free Motion to Continue - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona JACKI IRELAND Assistant U.S. Attorney Arizona State Bar No. 019144 Tw o Ren aissance S quare 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-0987-PHX-EHC Plaintiff, v. CV-05-1715-PHX-EHC(DKD) MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S PRO SE MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY PURSUANT TO TITLE 28 U.S.C. § 2255 Arturo Badillo-Franco,

11 12 Defendant. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMES NOW , the United States of America, by and through undersigned counsel, and moves this Honorable Court for an order extending the time for the United States to respond to defendant's pro se motion to vacate, set aside, or correct his sentence pursuant to Title 28, United States Code, § 2255 for a period of 45 days. Defendant ARTURO BADILLO-FRANCO entered a guilty plea on September 15, 2004 to a one count Information charging defendant with a violation of Title 8, United States Code, §1324(a)(1)(A)(ii) and 1324(a)(1)(B)(iii), Transportation of Illegal Aliens. Defendant was sentenced on November 29, 2004 to 16 months in prison. On June 8, 2005, defendant filed a Motion To Vacate, Set Aside Or Correct Sentence By A Person In Federal Custody pursuant to 28 U.S.C. § 2255. On June 16, 2005, the United States was served with an Order of the Court requiring the United States to respond to the Motion within 60 days, or by August 15, 2005. The United States now seeks an extension of that response date for a period of 45 days.

Case 2:04-cr-00987-EHC

Document 27

Filed 08/15/2005

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The United States is in need of the transcripts of both the entry of the defendant's guilty plea and the sentencing proceeding in order to completely respond to defendant's instant motion. The United States has not yet obtained those transcripts. Therefore, an extension of the time within which the United States must submit its response is requested. For the reasons stated herein, the United States respectfully requests the Court grant the motion to extend the time within which the United States must respond to defendant's instant motion for an additional 45 days.. Excludable delay under 18 U.S.C. § 3161(h) is not expected to occur as a result of this motion or of an order based thereon. Respectfully submitted this 15 th day of August, 2005. PAUL K. CHARLTON United States Attorney District of Arizona S/Jacki Ireland JACKI IRELAND Assistant U.S. Attorney I hereby certify that on August 15, 2005, I served the attached document by mail on the following, who are not registered participants of the CM/ECF System: Arturo Badillo-Franco 1705 E. Hanna Road Eloy, AZ 85231

Case 2:04-cr-00987-EHC

Document 27

Filed 08/15/2005

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