Free Motion for Extension of Time to File Response/Reply - District Court of Connecticut - Connecticut

Case 3:00-cr-00263-JCH

Document 1846

Filed 09/27/2007

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA v. PATRICE ST. SURIN

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CASE NO. 3:00CR263(JCH)

September 27, 2007

GOVERNMENT'S MOTION ON CONSENT FOR ADDITIONAL TIME The United States of America, through its undersigned Assistant United States Attorney, hereby moves this Court, out of time, for additional time to file a memorandum in connection with the pending Crosby remand from the Second Circuit. On April 4, 2007, this Court entered an order setting a schedule for the simultaneous filing of memoranda concerning whether the Court should re-sentence the defendant as a result of the remand from the Court of Appeals pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir. 2005). The Court's schedule called for simultaneous submissions to be filed on or before April 25, 2007. On September 20, 2007, the defendant filed a motion for additional time to file its submission, which the Court granted on September 21, 2007, giving the defendant until September 28, 2007 to file its submission. See Docket Numbers 1838, 1839. The government inadvertently did not file a submission in connection with this matter. The attorney for the government who handled the trial of this matter has left the U.S. Attorney's Office, and the undersigned Assistant United States Attorney is unfamiliar with all the facts of this defendant's case. As a result, the undersigned requests a brief extension of time to obtain all the pertinent materials, decide whether to file a memorandum on behalf of the government and, if so, to draft such a memorandum. Accordingly, the government makes this request, out of time,

Case 3:00-cr-00263-JCH

Document 1846

Filed 09/27/2007

Page 2 of 3

for an additional thirty days from the date of this motion to file a memorandum in connection with the pending Crosby remand. The undersigned consulted with counsel for the defendant, who consented to the government's request for additional time. The government similarly has no objection to the defense being given the same amount of additional time to file its submission in this matter.

Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

/S/ PAUL A. MURPHY ASSISTANT UNITED STATES ATTORNEY FEDERAL BAR NO. CT26654 UNITED STATES ATTORNEY'S OFFICE 915 LAFAYETTE BOULEVARD BRIDGEPORT, CT 06604 (203) 696-3000 (203) 579-5575 (fax)

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Case 3:00-cr-00263-JCH

Document 1846

Filed 09/27/2007

Page 3 of 3

CERTIFICATION I hereby certify that on September 27, 2007, a copy of the foregoing was sent by facsimile and first class mail to the following counsel of record: Bernard V. Kleinman Two Gannett Drive, Suite 102 White Plains, NY 10604-3404 914-644-6660 Fax: 914-644-6661

/S/ PAUL A. MURPHY ASSISTANT UNITED STATES ATTORNEY