Free Motion for Extension of Time - District Court of Connecticut - Connecticut

Case 3:02-cr-00264-AWT

Document 1419

Filed 01/19/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : : : : : : :

UNITED STATES OF AMERICA, v. WALTER A. FORBES, and E. KIRK SHELTON.

No. 3:02 CR 264 (AWT)

January 19, 2005

MOTION OF E. KIRK SHELTON FOR EXTENSION OF TIME IN WHICH TO FILE POST-TRIAL MOTIONS Defendant E. Kirk Shelton, through undersigned counsel, respectfully submits this motion for an extension of time in which to file post-trial motions. On January 4, 2005, the jury returned a verdict of guilty on Counts One through Twelve against Mr. Shelton. On January 5, 2005, the Court granted Mr. Shelton's request that he be permitted to file post-trial motions within a period of sixty (60) days after the verdict. In discussions with the government regarding a formalized briefing schedule for Mr. Shelton's post-trial motions, we have advised the government that given the size of the record in the case and our desire to involve in the briefing process appellate counsel whom Mr. Shelton has not yet retained, we are requesting an additional thirty (30) days (for a total of ninety (90) days) ­ until Monday, April 4, 2005 -- to file any memoranda of law in support of Mr. Shelton's post-trial motions. We also have advised the government that we would not take any position on the length of time the government may seek to file its response to Mr. Shelton's post-

Case 3:02-cr-00264-AWT

Document 1419

Filed 01/19/2005

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trial motions. We further advised the government that Mr. Shelton was seeking thirty (30) days after the government's response in which to submit his reply brief. We have been unable to reach agreement with the government on this briefing schedule. Accordingly, we respectfully request that the Court order a briefing schedule that would include the time periods reflected herein. DATED: January 19, 2005 Respectfully submitted, MILBANK, TWEED, HADLEY & McCLOY, LLP

By: __________________________________ Scott A. Edelman (CT 25268) Thomas A. Arena (CT 25269) 1 Chase Manhattan Plaza New York, NY 10005-1413 Tel.: (212) 530-5000 Fax: (212) 530-5219 LAW OFFICES OF THOMAS P. PUCCIO Thomas P. Puccio (CT 22983) 230 Park Avenue, Suite 301 New York, NY 10172 Tel.: (212) 883-6383 Fax: (212) 883-6388 DAY, BERRY & HOWARD LLP Stanley A. Twardy, Jr. (CT 05096) Gary H. Collins (CT 22119) City Place 1, 185 Asylum Street Hartford, CT 06103 Tel.: (860) 275-0314 Fax: (860) 275-0343

Attorneys for Defendant E. Kirk Shelton

Case 3:02-cr-00264-AWT

Document 1419

Filed 01/19/2005

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CERTIFICATION I hereby certify that on January 19, 2005, a copy of the foregoing was served on the following party via facsimile: John J. Carney, Esq. U.S. Department of Justice District of New Jersey 970 Broad Street ­ Suite 700 Newark, NJ 07102

________________________________ Daniel J. Foster