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

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PAUL K. CHARLTON 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-02-0155-PHX-JAT Plaintiff, v. John Derrick Martin, Defendant/Movant. GOVERNMENT'S MOTION FOR AN EXTENSION OF TIME TO FILE RESPONSE TO MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE CV-06-2302-PHX-JAT (BPV)

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. The original trial occurred in 2002, lasting nine trial days over a three week 19 period. The record from the trial is voluminous. Additionally, undersigned counsel spoke to 20 defendant's former counsel and requested that he review his files in order to address the specific 21 ineffective assistance claims. To date, undersigned counsel has not had an opportunity to meet 22 and/or discuss the issues with former counsel after the requested file review. Accordingly, 23 additional time is needed to respond to the numerous allegations of ineffective assistance of 24 counsel claimed by the defendant. Undersigned counsel has also spoken to Cynthia M. Fort, counsel for the defendant/movant, 25 26 and she has no objection to an extension of time for the government to file its response. Excludable delay under 18 U.S.C. 3161(h) will not occur as a result of this motion and order 27 28 based thereon.

Case 2:02-cr-00155-JAT

Document 339

Filed 01/25/2007

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Respectfully submitted this 25th day of January, 2007. PAUL K. CHARLTON United States Attorney District of Arizona s/ David A. Pimsner DAVID A. PIMSNER Assistant U.S. Attorney

I hereby certify that on January 25, 2007, 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 registrant: Cynthia M. Fort 315 Deaderick Street; Suite 109 Nashville, Tennessee 37238 s/David A. Pimsner DAVID A. PIMSNER Assistant U.S. Attorney

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Case 2:02-cr-00155-JAT

Document 339

Filed 01/25/2007

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