Free Response to Motion - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2437

Filed 03/26/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 00-cr-00531-WYD-1 UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN, Defendant.

GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION FOR EXTENSION OF TIME TO FILE A MOTION FOR JUDGMENT OF ACQUITTAL

The United States of America, by Troy A. Eid, United States Attorney for the District of Colorado, through Brenda Taylor and Philip A. Brimmer, Assistant United States Attorneys, responds as follows to defendant William Sablan's Motion for Extension of Time to File a Motion for Judgment of Acquittal. 1. Rule 29(c)(1) of the Rules of Criminal Procedure states that, "A defendant may move 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." 2. The Advisory Committee notes to the 2002 Amendments to Rule 29(c)(1) state that "in a capital case. . ., for example, the jury may not be discharged until it has completed its sentencing duties."

Case 1:00-cr-00531-WYD

Document 2437

Filed 03/26/2007

Page 2 of 3

3. Thus, the government believes that Rule 29(c)(1) should be read literally, i.e., the defendant has 7 days after the court discharges the jury to file a motion for judgment of acquittal. 4. The defendant's Motion for Extension of Time asks to have 7 days after the jury has been discharged following its verdict in the penalty phase to file a motion for judgment of acquittal. The government does not oppose this request. However, because Rule 29(c)(1) already provides that, the motion should be denied as unnecessary.

Respectfully submitted this

26th

day of March, 2007.

TROY A. EID United States Attorney

BY: s/ Brenda K. Taylor BRENDA K. TAYLOR Assistant U.S. Attorney U.S. Attorney's Office 1225 17 th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0406 E-mail address: [email protected] Attorney for Government

BY: s/ Philip A. Brimmer PHILIP A. BRIMMER Assistant U.S. Attorney U.S. Attorney's Office 1225 17 th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0403 E-mail address: [email protected] Attorney for Government

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Case 1:00-cr-00531-WYD

Document 2437

Filed 03/26/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 26th day of March, 2007, I electronically filed the foregoing GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION FOR EXTENSION OF TIME TO FILE A MOTION FOR JUDGMENT OF ACQUITTAL with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Attorneys for William Sablan Patrick J. Burke [email protected] Nathan Dale Chambers [email protected] [email protected] Susan Lynn Foreman [email protected]

s/ Janet D. Zinser JANET D. ZINSER Supervisory Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone (303) 454-0100 Fax (303) 454-0403 E-mail address [email protected]

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