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. Steve Cordell Dobson, Defendant/Movant. GOVERNMENT'S MOTION FOR AN EXTENSION OF TIME TO FILE RESPONSE TO MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE CV-06-1539-PHX-JAT (MEA)

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 an extension until November 22, 2006 to file a response for the reason that undersigned counsel 19 needs additional time to obtain an affidavit from the defendant's original trial counsel to refute 20 the defendant's allegations. Due to the schedule of the defendant's original trial counsel and the 21 fact that undersigned counsel was recently absent from the District of Arizona due to a death in 22 the family, undersigned counsel has been unable to obtain an affidavit. Additionally, appellate 23 counsel, who is also alleged to have been ineffective, needs additional time to review her file 24 regarding the issues alleged. Because the underlying record is extensive and that there are 25 numerous issues alleged, additional time is needed to prepare the affidavits and to adequately 26 respond to the defendant's claims. 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 321

Filed 11/02/2006

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Respectfully submitted this 2nd day of November, 2006. 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 November 2, 2006, I served the attached document by U.S. Postal mail on the following, who is not a registered participant of the CM/ECF system: Steve Cordell Dobson #17338-075 FCI- Memphis P.O. Box 34550 Memphis, Tennessee 38184

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Case 2:02-cr-00155-JAT

Document 321

Filed 11/02/2006

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