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

Case 1:04-cr-00429-MSK

Document 205

Filed 06/16/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Case No. 04-CR-00429-MSK UNITED STATES OF AMERICA, Plaintiff, v. 1. RAMON MARTINEZ, Defendant. DEFENDANT RAMON MARTINEZ' MOTION FOR EXTENSION OF TIME

COMES NOW the Defendant, RAMON MARTINEZ, by his court-appointed counsel, Patrick D. Butler, and respectfully Moves for an Extension of Time to file a supplemental brief, and as grounds therefore, states as follows: 1. On or about May 20, 2008 undersigned counsel was appointed to represent Defendant Ramon Martinez regarding his Petition pursuant to 28 U.S.C. 2255. On May 19, 2008 this Court entered an Order stating in part: "Within 30 days of such appointment, counsel shall file a supplemental brief with the Court which specifically identifies which, if any, of the Dft's claims of ineffective assistance of counsel and prosecutorial misconduct should be determined by the Court, whether an evidentiary hearing is required an dhow long should be allotted for such hearing." 2. Since receiving the appointment counsel has spent several hours reviewing the case file for both the trial and appeal at the Federal Public Defender's

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Case 1:04-cr-00429-MSK

Document 205

Filed 06/16/2008

Page 2 of 3

office. Counsel has also engaged in some limited research of the issues and sent a detailed letter to the Defendant. 3. Without getting into privileged aspects of the communication the letter to Defendant requested that Defendant contact counsel regarding the specifics of certain issues which would not be found in transcripts. To date, counsel has not heard back from the Defendant. 4. Defendant is currently housed at the FCI Herlong facility in Herlong, California. 5. In order to prepare a proper response and supplement as previously ordered by the Court, counsel believes that it is imperative that he communicate with Defendant, either by correspondence, telephone or in person. 6. Counsel has a seven day murder trial that begins in Jefferson County on June 24, 2008 in which he is sole counsel for the defendant, and counsel has a previously scheduled trip out of state from July 11-18, 2008. Counsel is requesting that a 45 day extension be given to provide the supplemental brief as previously ordered. 7. Defendant is currently serving a 360 month sentence in the custody of the U.S. Bureau of Prisons. An extension of time of 45 days would not result in prejudice to either side in this case. 8. Counsel is requesting an extension of time until July 31, 2008 to file a supplemental brief.

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Case 1:04-cr-00429-MSK

Document 205

Filed 06/16/2008

Page 3 of 3

WHEREFORE, Defendant respectfully prays that this Honorable Court grant an extension of time for Defendant/Movant to file a Supplemental Brief until July 31, 2008; and for such other and further relief as this Court deems just and proper.

Respectfully submitted, LAMM & BUTLER, L.L.C.

Date: 6-16-08

By:

___s/Patrick D. Butler____ Patrick D. Butler, #17413 Attorneys for Defendant 287 Century Circle, Suite 103 Louisville, CO 80027 (303) 664-9106

A duly signed original is on file in the offices of Lamm & Butler, LLC

CERTIFICATE OF SERVICE I certify that a copy of the foregoing was served on this 16th day of June, 2008 by: Placing in the U.S. Mail, first class postage prepaid and/or via electronic service addressed to the following: James C. Murphy, Esq. Asst. United States Attorney 1225 Seventeenth Street, Suite 700 Denver, CO 80202 [email protected]

By ____s/Rhonda Bender

_

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