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

Case 1:00-cr-00227-EWN

Document 67

Filed 04/21/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 00-cr-00227-EWN UNITED STATES OF AMERICA, Plaintiff, v. 1. STEVEN WYRICK, Defendant.

GOVERNMENT'S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO ISSUE OF POSSIBLE REDUCTION OF SENTENCE UNDER TITLE 18 U.S.C. SECTION 3582 (DOC 63)

The United States of America, by District of Colorado United States Attorney Troy A. Eid, through Assistant U.S. Attorney (AUSA) Guy Till (Government), hereby respectfully asks the Court for an enlargement of time, through and including May 9, 2008, within which to file a response to the issue of the defendant's possible relief pursuant to Title 18 U.S.C. § 3582 (DOC 63), as directed in the Minute Order dated February 29, 2008 (DOC 62). Said Minute Order directs the Government to respond no later than April 11, 2008, to Defendant's Supplement Motion For Retroactive Application of Sentencing Guidelines to Crack Cocaine Offense Based Upon 18 USC 3582(c)(2) filed March 28, 2008. The Government was unaware of the defendant's initial motion in this case as the attorney of record no longer works for this office and the ECF notices from the Court "bounced back" to the Court. On April 17,

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Case 1:00-cr-00227-EWN

Document 67

Filed 04/21/2008

Page 2 of 3

2008, the Probation Department forwarded a document from the Sentencing Commission which outlined defendants eligible for the sentence reduction under § 3582. That list was compared to the Government's list of active § 3582 cases which disclosed the above captioned case and the deadline. The Government has been unable to review the defendant's presentence report in order to advise the Court of the Government's position as to a possible sentence adjustment for Steven Wyrick pursuant to Title 18 U.S.C. § 3582. The Government appreciates the initiative of counsel for the Defendant, John Mosby, who has filed a notice indicating defendant's eligibility for sentence reduction. However, in order to review the presentence investigation report in light of the applicable law, the Government respectfully asks the Court for an enlargement of time of approximately two weeks, permitting the parties to inform the Court, as directed by said Minute Order, no later than May 9, 2008. Respectfully submitted this 21st day of April 2008. TROY A. EID UNITED STATES ATTORNEY

BY: s/Guy Till GUY TILL Assistant United States Attorney United States Attorney's Office District of Colorado 1225 17th Street, Suite 700 Denver, CO 80202 (303) 454-0100 [email protected] Attorney for Government

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Case 1:00-cr-00227-EWN

Document 67

Filed 04/21/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 21st day of April, 2008, I electronically filed the foregoing GOVERNMENT'S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO ISSUE OF POSSIBLE REDUCTION OF SENTENCE UNDER TITLE 18 U.S.C. SECTION 3582 (DOC 31) with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail address: Warren R. Williamson [email protected]

s/ Diana L. Brown DIANA L. BROWN Legal Assistant United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0401 E-mail: [email protected]

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