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

Case 1:00-cr-00481-WYD

Document 1682

Filed 05/08/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 00-cr-00481-WYD UNITED STATES OF AMERICA, Plaintiff, v. 2. ROD SCHULTZ, Defendant.

AMENDED UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANT'S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. 2255

The United States, by its undersigned counsel respectfully requests that this Honorable Court grant an extension of time until June 18, 2007 in which to file the governments Response to the Defendant's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. 2255 (hereafter, the "Motion"). This Amended Unopposed Motion is being filed to reflect the correct criminal case number. In response, the United States states: 1. On June 24, 2003, Rod Schultz were found guilty of violating 18 U.S.C. 241 (conspiracy against rights) and 18 U.S.C. 242 (deprivation of rights under color of law). On November 21, 2003, Schultz was sentenced to serve 41 months in the custody of the Bureau of Prisons. He has since been released. 2. On April 19, 2007, Schultz filed his Motion pursuant to 28 U.S.C. 2255. The Court ordered that the government respond by May 11, 2007. However, government counsel who will

Case 1:00-cr-00481-WYD

Document 1682

Filed 05/08/2007

Page 2 of 3

be responsible for answering the Motion will be unable to review relevant material and begin preparing a response until after his return from pre-paid international travel in the third week of May. In addition, additional time to respond is required due to the multiple layers of review for post-conviction pleadings of this type. Therefore, the United States respectfully requests an extension of time until June 18, 2007 in which to file its response. 3. Government counsel has spoken to Neil MacFarlane, counsel for Mr. Schultz, and he indicated that he does not object to an extension until June 18. Mr. Schultz is out of custody and the claims raised in his pleading do not implicate evidence or testimony which are time-sensitive. WHEREFORE, the United States respectfully requests an extension of time until June 18, 2007 in which to file its response to the Defendant's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. 2255. Respectfully submitted, TROY A. EID United States Attorney

By: s/ Robert E. Mydans Assistant United States Attorney United States Attorney's Office 1225 - 17th Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0401 E-mail: [email protected] Attorney for Government

Case 1:00-cr-00481-WYD

Document 1682

Filed 05/08/2007

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on this 8th day of May 2007, I electronically filed the foregoing AMENDED UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANT'S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. 2255 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Neil MacFarlane [email protected]

By: s/ Charlotte A. Seaton CHARLOTTE A. SEATON Legal Assistant to Robert E. Mydans United States Attorney's Office 1225 - 17th Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0244 Fax: (303) 454-0402 E-mail: [email protected]