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

Case 3:00-cr-00263-JCH

Document 1745

Filed 07/20/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA v. DAVID L. BURDEN a/k/a Q a/k/a QB a/k/a Quinten

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CRIMINAL NO. 3:00CR263 (JCH)

JULY 20, 2005

MOTION ON CONSENT FOR EXTENSION OF TIME TO FILE WRITTEN SUBMISSION IN SUPPORT OF RESENTENCING Defendant David "QB" Burden hereby moves for an extension of time to file his submission requesting resentencing in this matter. In support of this motion, the undersigned represents as follows: 1. As a result of the remand from the Court of Appeals [Dkt. No. 1728], the

Court is required to consider whether it would have imposed a non-trivially different sentence in this case if the United States Sentencing Guidelines had been advisory. 2. On June 21, 2005, the Court issued a Scheduling Order setting July 21,

2005 as the deadline for the filing of simultaneous written submissions from the Government, the defendant, and co-defendants David "DMX" Burden, and Jermain Buchanan. 3. Defendant David "QB" Burden has requested that counsel file a written

submission and argue for resentencing. 4. Due to various personal commitments, and the press of other business

(including various depositions, hearings, and a trial on July 21, 2005), the undersigned will not be able to submit a written submission by July 21, 2005.

Case 3:00-cr-00263-JCH

Document 1745

Filed 07/20/2005

Page 2 of 3

5.

The undersigned has spoken with AUSA Stephen B. Reynolds, who

advised that the Government consents to the extension. Since the Scheduling Order calls for the filing of simultaneous submissions, and Mr. Reynolds will be on vacation next week, the defendant and the Government respectfully request that the Court grant the extension and set a new deadline of August 4, 2005 for the filing of written submissions. The Government will file its submission with respect to co-defendants Jermain Buchanan and David "DMX" Burden in accordance with the current schedule. WHEREFORE, the defendant David "QB" Burden respectfully requests that the Court grant his motion for extension and set August 4, 2005 as the new deadline for the filing of written submissions in his case only.

Respectfully submitted,

______/s/__________________ Robert M. Frost, Jr. (ct 19771) ZELDES, NEEDLE & COOPER, P.C. 1000 Lafayette Blvd. P.O. Box 1740 Bridgeport, Connecticut 06604 Telephone: (203) 333-9441 Facsimile: (203) 333-1489 Email: [email protected] Attorneys for David L. Burden a/k/a Q a/k/a QB a/ka Quinten

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Case 3:00-cr-00263-JCH

Document 1745

Filed 07/20/2005

Page 3 of 3

CERTIFICATION This is to certify that a copy of the foregoing has been hand-delivered to: Stephen B. Reynolds, Esq. United States Attorney's Office 915 Lafayette Boulevard Bridgeport, CT 06604 And via United States Mail, postage prepaid to: Bruce Koffsky, Esq. 1200 Summer Street, #201 Stamford, CT 06905 Jeremiah Donovan, Esq. P.O. Box 554 Old Saybrook, CT 06475 Timothy Aspinwall, Esq. 3200 Main Street Stratford, CT 06497 William T. Koch, Esq. 151 Brush Hill Road Lyme, CT 06731 860-434-3060 Peter Truebner, Esq. 111 Prospect Street, No. 206 Stamford, CT 06901 Dated at Bridgeport, Connecticut this 20th day of July 2005.

_________/s/__________________ Robert M. Frost, Jr.

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