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

Case 1:04-cr-00403-LTB

Document 828

Filed 06/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00403-LTB UNITED STATES OF AMERICA, Plaintiff, v. 1. 2. CARLOS ZAPATA-HERNANDEZ, SERGIO ZAPATA-HERNANDEZ, a/k/a "Tito," a/k/a "Titillo," and a/k/a "Lucas," FABIAN MIRANDA-URBINA, a/k/a "Chino," ARNOLDO ZAPATA, a/k/a "Lolo," JOSE ALFREDO ZAPATA, a/k/a "Alfredo," JAIME ARMENDARIZ, RAMON ZAPATA, JAIME ZAPATA, a/k/a "Rudy," a/k/a "Jimmy," and a/k/a "Chasco," EFRAIN VENZOR, ALBERTO CABRAL, a/k/a "Beto," and a/k/a "Tio Beto," ARTEMISA ZAPATA-MONTOYA, HUMBERTO GALVAN, a/k/a "Beto," LILIAN GALVAN, a/k/a "Petunia," and a/k/a "Yiya," BARBARA ZAPATA, OSCAR ZAPATA, a/k/a "Karin," MICHAEL ROMERO, a/k/a "Mike," RENE ALVAREZ, JOSE ANGEL PEREZ, and a/k/a "Primo," Defendants. 1

3. 4. 5. 6. 7. 8.

9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

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MOTION TO EXTEND DEADLINES FOR PRE-TRIAL FILINGS _________________________________________________________________ AND NOW COMES THE UNITED STATES OF AMERICA, WILLIAM J. LEONE, UNITED STATES ATTORNEY, by Stephanie Podolak, Assistant U.S. Attorney, and Guy Till, Assistant United States Attorney, and files this motion requesting an extension of time in which to file pre-trial filings including Trial Briefs, Special Jury Instructions, and Stipulations. As grounds for this motion, the government states as follows. 1. The Court has previously issued a Trial Scheduling

Order in this case directing the parties to file, by June 22, 2006, proposed Trial Briefs, Special Jury Instructions, and Stipulations. In addition, the defendants were also directed to

file their Exhibit and Witness list in this case by June 22, 2006. 2. As the Court is aware, a Notice of Disposition was

reached with lead defendant CARLOS ZAPATA-HERNANDEZ on June 19, 2006. This plea agreement will require the defendant to A

cooperate fully with the government and testify at trial. debriefing has been held and a copy of the report of the

debriefing will be sent to the defendants no later than 12:00 p.m., on June 22, 2006. 3. In addition, an agreement was reached with

defendant FABIAN MIRANDA-URBINA on June 15, 2006. This plea 2

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agreement will require the defendant to cooperate fully with the government and testify at trial. A debriefing has been held and a copy of the report of the debriefing will be sent to the defendants no later than 12:00 p.m., on June 22, 2006. 4. As a result of these developments, the government

will be issuing new plea offers to the defendants which must be accepted by 5:00 p.m., on Monday, June 26, 2006. 5. The result of these plea offers will greatly

impact how the case is litigated and the need to argue stipulations, Jury Instructions and other trial matters. 6. The government would, therefore, request that the

filing of these pleadings be postponed and that the Court readdress the issue at the status conference on June 30, 2006. 7. The government has spoken to all defense attorneys

with the exception of Mr. Steinberg and Mr. Root and all attorneys agree with this motion request. WHEREFORE, the government respectfully requests that the Court files this motion requesting an extension of time in which to file pre-trial filings including Trial Briefs, Special Jury Instructions, and Stipulations and reset the pleading due date at the next status conference on June 30, 3006.

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RESPECTFULLY SUBMITTED: WILLIAM J. LEONE UNITED STATES ATTORNEY DISTRICT OF COLORADO By: s/Stephanie Podolak Stephanie Podolak Assistant United States Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO. 80202 Telephone (303) 454-0309 Fax (303) 454-0401 [email protected] Attorney For Government s/Guy Till GUY TILL Assistant United States Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: 303-454-0100 Fax: 303-455-0409 [email protected] Attorney For Government

By:

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CERTIFICATE OF SERVICE I hereby certify that on this 21st day of June, 2006, I electronically filed the foregoing MOTION TO EXTEND DEADLINES FOR PRE-TRIAL FILINGS with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Richard Tegtmeier [email protected] Jeff Pagliuca [email protected] Mark Johnson [email protected] E. Richard Toray and Daniel Gerash [email protected] Richard Banta [email protected] Lisabeth Castle [email protected] Angelica B. Carreon [email protected] Jennifer Gedde [email protected] Harvey Steinberg and Christopher Leach [email protected] Martha Eskesen [email protected] Scott Poland [email protected] Don Lozow [email protected] Mike Root [email protected]

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James Scherer and Earl Sherwood Wylder [email protected] Chuck Elliot [email protected] Mitch Baker [email protected] Robert Driscoll [email protected] John Sullivan [email protected]

s/Joyce Hegge JOYCE HEGGE Legal Assistant to Stephanie Podolak U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0106 Fax: (303) 454-0401 E-mail: [email protected]

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