Free Motion to Continue - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona John R. Lopez IV Assistant U.S. Attorney Arizona State Bar No. 019182 Two R enaissance Square 40 North Central, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

United States of America, Plaintiff, v. James D. Sherriffs, Defendant.

CR-03-0373-PHX-JAT UNITED STATES' MOTION TO EXTEND TIME IN WHICH TO RESPOND TO DEFENDANT'S MOTION TO EXTEND TIME TO FILE NOTICE OF APPEAL

The United States of America, through undersigned counsel, hereby files its Motion to Extend Time in Which to Respond to Defendant's M otion to Extend Time to File Notice of Appeal. On August 15, 2005, Defendant requested an extension of time to file his notice of appeal, which was due by July 15, 2005. Defendant argues that his failure to timely file a notice of appeal is attributable to "excusable neglect," as contemplated under Rule 4(b)(4) of the Rules of Federal Appellate Procedure. Specifically, Defendant claims that his attorney failed to inform him of the deadline to file a notice of appeal and that he was otherwise unaware of the deadline. While Defendant correctly states that the Court may extend the time to file a notice of appeal under Rule 4(b)(4) if it finds "excusable neglect or good cause," the government respectfully requests a 30-day extension to allow it to adequately respond to Defendant's motion. Specifically, the government requests a 30-day extension of time in order to obtain and review

Case 2:03-cr-00373-JAT

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Filed 08/29/2005

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transcripts of Defendant's sentencing hearing and to interview Defendant's previous attorney. Respectfully submitted this 29th day of August, 2005. PAUL K. CHARLTON United States Attorney District of Arizona S/ JOHN R. LOPEZ IV Assistant U.S. Attorney

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Case 2:03-cr-00373-JAT

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S/ JOHN LOPEZ I hereby certify that on August 29, 20 05, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM /ECF registrants: James J. Everett Law Offices of James Everett and Associates 2999 North 44th Street, Suite 225 Phoenix, AZ 85018

CERTIFICATE OF SERVICE

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Case 2:03-cr-00373-JAT

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Filed 08/29/2005

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