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

Case 1:04-cr-00417-LTB

Document 69

Filed 01/13/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00417-LTB-1 UNITED STATES OF AMERICA, Plaintiff, v. 1. CLEMMETH D. NEVELS, Defendant.

GOVERNMENT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION IN LIMINE TO EXCLUDE LT. PRIEST (# 64)

The United States of America, by and through Joshua Stein, Assistant United States Attorney, hereby moves the Court to extend the deadline for the filing of the government's response to defendant's Motion in Limine to Exclude Lt. Priest (#64) as follows: 1. 2. The government's response is due today, January 13, 2006. Defendant's Motion raises issues that require further consultations between the

government and it's proposed expert witness on crime scene reconstruction, homicide detective Lt. Jonathyn Priest. Due to Lt. Priest's schedule, the government has been unable to meet with Lt. Priest in the week since defendant filed the Motion. The government has a meeting scheduled with Lt. Priest on January 16, 2006 and should be able to complete its response by the close of the following day. 3. Defendant does not oppose this request.

Case 1:04-cr-00417-LTB

Document 69

Filed 01/13/2006

Page 2 of 3

4.

Due to the holiday weekend, this results in an extension of only one business day

for the government's response. Such a small extension should not unduly prejudice the defendant or the Court in preparing for the as yet unscheduled motions hearing.

Wherefore, the government respectfully requests that the Court extend the deadline for the filing of the government's response to defendant's Motion in Limine to Exclude Lt. Priest (#64) to January 17, 2006.

Respectfully submitted, WILLIAM J. LEONE United States Attorney

By: s/ Joshua Gramling Stein JOSHUA GRAMLING STEIN Assistant United States Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 Email: [email protected] Attorney for the United States

Page 2 of 3

Case 1:04-cr-00417-LTB

Document 69

Filed 01/13/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 13th day of January, 2006, I electronically filed the foregoing GOVERNMENT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION IN LIMINE TO EXCLUDE LT. PRIEST (# 64) with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addressed:
·

Dana M. Casper [email protected]

and I hereby certify that I have mailed or served the document or paper to the following nonCM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the non-participant's name: None

s/ Joshua Gramling Stein JOSHUA GRAMLING STEIN Assistant United States Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 Email: [email protected] Attorney for the United States