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

Case 1:04-cr-00417-LTB

Document 61

Filed 12/22/2005

Page 1 of 2

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

Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ At a scheduling hearing December 21, 2005 the Court considered the motion by defendant Clemmeth D. Nevels (" Nevels" for an extension of time until January 30, 2006 to file additional ) motions. Plaintiff United States of America, (" Government" has indicated it wishes to use ) evidence of other crimes wrongs or acts, under F.R.E. 404(b) and that it intends to qualify a witness as an expert under F.R.E. 702. Nevels intends to file motions challenging the Government' use of 404(b) evidence and the expert qualification of the Government' Rule 702 s s witness. Nevels'motion for additional time (Docket #59) is therefore GRANTED in part, and the following briefing schedule is established: The Government must file its 404(b) disclosure on or before Tuesday, January 3, 2006. Nevels must file his motion in limine challenging the government' 404(b) disclosure on or s before Friday, January 6, 2006.

Case 1:04-cr-00417-LTB

Document 61

Filed 12/22/2005

Page 2 of 2

Nevels must file his motion in limine challenging the Government' proposed Rule 702 s witness on or before Friday, January 6, 2006. The Government must file its response to Nevels'motion on the Rule 702 witness and to Nevels'motion challenging the Government' 404(b) disclosure on or before Friday, January 13, s 2006. A status and scheduling hearing is set for Tuesday, January 17, 2006 at 4:30pm.

DONE and ORDERED, this

22nd

day of December, 2005 at Denver, Colorado.

s/Lewis T. Bab cock Lewis T. Babcock United States District Chief Judge