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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

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

18 an extension of time in which to file a response to the Motion to Vacate, Set Aside, or Correct 19 Sentence filed by the defendant/movant pursuant to 18 U.S.C. § 2255. The government requests 20 a 45 day extension to file a response for the reason that additional time is needed to review the 21 underlying record, research the issues and respond to the numerous claims of ineffective 22 assistance of counsel alleged by the defendant. Counsel will also need to meet with defendant's 23 former counsel, after former counsel has reviewed his files, in order to address the ineffective 24 assistance claims. 25 // 26 // 27 28

Case 2:02-cr-00155-JAT

Document 328

Filed 12/04/2006

Page 1 of 2

1

Excludable delay under 18 U.S.C. 3161(h) will not occur as a result of this motion and order

2 based thereon. 3 4 5 6 7 8 9 10 11 12 13
S/Joyce Stern
hereby certify that on December 4, 2006 I served the attached document by mail on the following, who are not registered participants of the CM/ECF system: Cynthia M. Fort 315 Deaderick Street; Suite 109 Nashville, Tennessee 37238

Respectfully submitted this 4th day of December, 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/ David A. Pimsner DAVID A. PIMSNER Assistant U.S. Attorney

14 Joyce Stern 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2

Case 2:02-cr-00155-JAT

Document 328

Filed 12/04/2006

Page 2 of 2