Free Order on Motion for Extension of Time to File - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2484

Filed 04/10/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel CASE NO. 1:00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM CONCEPCION SABLAN, Defendant,

ORDER

THIS MATTER comes before the Court on William Sablan' Motion for Extension s of Time to File a Motion for Judgment of Acquittal filed March 22, 2007. The Government filed a response to this motion on March 26, 2007. Turning to my analysis, FED. R. CRIM. P. 29(c)(1) states, " defendant may move A for a judgment of acquittal, or renew such a motion, within 7 days after a guilty verdict or after the court discharges the jury, whichever is later"(emphasis added). The Advisory Committee notes to Rule 29(c)(1) state that " a capital case, for example, in the jury may not be discharged until it has completed its sentencing duties." Based on the foregoing authority, I find that Defendant William Sablan may properly file a motion for judgment of acquittal within 7 days after the discharge of the jury in this penalty phase. Defendant' motion seeking an extension of time to file such s a motion is thus not necessary. Accordingly, it is

Case 1:00-cr-00531-WYD

Document 2484

Filed 04/10/2007

Page 2 of 2

ORDERED that William Sablan' Motion for Extension of Time to File a Motion s for Judgment of Acquittal filed March 22, 2007 (docket # 2421) is DENIED as unnecessary. Dated: April 10, 2007 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge