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-03-1096-PHX-SMM Plaintiff, v. Rafael Cruz-Ayon, Movant. CV-05-2576-PHX-SMM (BPV) GOVERNMENT'S MOTION FOR AN EXTENSION OF TIME TO FILE RESPONSE TO MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE

The United States of America, by and through undersigned counsel, respectfully requests

15 a thirty day extension of time in which to file a response to the Motion to Vacate, Set Aside, or 16 Correct Sentence filed by the Movant pursuant to 18 U.S.C. § 2255. The government's original 17 response is due on November 7, 2005. Due to the allegation of ineffective assistance of counsel, 18 undersigned counsel has attempted to contact Joseph Lopez, the Movant's former retained 19 counsel. Undersigned counsel was informed by a member of Mr. Lopez's office that Mr. Lopez 20 would be unavailable until at least November 4, 2005, because he was involved in a lengthy trial. 21 Additional time is needed for undersigned counsel to contact Mr. Lopez and respond to the 22 allegations of ineffective assistance of counsel. For the foregoing reasons, undersigned counsel 23 requests an additional thirty days to file a response. 24 / / / 25 / / / 26 / / / 27 28

Case 2:03-cr-01096-SMM

Document 50

Filed 10/31/2005

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

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I hereby certify that on October 31, 2005, I served the attached document by mail on the following, who is not a registered participant of the CM/ECF system: Rafael Cruz-Ayon #81272-008 FCI Safford P.O. Box 9000 Safford, Arizona 85548

Respectfully submitted this 31st day of October, 2005. PAUL K. CHARLTON United States Attorney District of Arizona S/David A. Pimsner DAVID A. PIMSNER Assistant U.S. Attorney

Case 2:03-cr-01096-SMM

Document 50

Filed 10/31/2005

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