Free Motion for Leave to File - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1305

Filed 06/27/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 04-CR-103 (RB) UNITED STATES OF AMERICA, Plaintiff, v. 6. MICHAEL SMITH, Defendant.

MOTION FOR LEAVE TO FILE A REPLY BRIEF AND REQUEST FOR ORAL ARGUMENT ______________________________________________________________________

COMES NOW Defendant Michael Smith and moves this court for an order to file a reply brief to the Government's response [#1287] to Defendant Smith's Motion for Acquittal [#1257]. In addition Defendant requests that he be given until July 9, 2007 to file said reply memorandum. As grounds in support of this motion Defendant Smith states to the court as follows: 1. Defendant filed his Motion for Acquittal [#1257] timely on June 5, 2007 within 7 days of the delivery of the verdict. On June 6, 2007 the Court ordered the

Government to respond no later than June 18, 2007, giving the Government almost twice as long to respond as Defendant Smith had to prepare the original

Page 1 of 4

Case 1:04-cr-00103-REB-MEH

Document 1305

Filed 06/27/2007

Page 2 of 4

pleading. On June 14, 2007 [#1273] the Government petitioned this court for additional time to respond and, "to better draft a cogent response to defendant Smith's motion." On June 18, 2007 the court granted said motion [#1274] giving the Government until close of business on June 22, 2007 to file their response. The Government filed their response late in the day on June 21, 2007, [#1287], a full 16 after Defendant Smith filed his motion. 2. Defendant Smith notes that the government was able to secure portions of the record during those 16 days ­ a record which was not available during the time which he had to draft and file his motion. 3. Mr. Smith believes that the testimony brief summarized (but never actually quoted) in several places in the Government's response has been

mischaracterized such as to make the conclusions the government wishes this court to reach more likely. 4. Mr. Smith deserves approximately the same amount of time to review the testimony and draft a reply and to better prepare a cogent memorandum to the Government's response. 5. There is some case law which the Government cites which needs to be reviewed before counsel can properly and fully address the points raised in the response. 6. Defendant Smith wishes to make a point by point rebuttal to statements made in the Government's response. It will take time for CJA approval for copies of the transcripts and delivery of same. 7. The undersigned counsel for Defendant Smith has not been in contact with AUSA Matthew Kirsch so it is presumed he objects to the relief requested herein.
Page 2 of 4

Case 1:04-cr-00103-REB-MEH

Document 1305

Filed 06/27/2007

Page 3 of 4

Dated: June 27, 2007

Respectfully submitted,

s/Declan J. O'Donnell Declan J. O'Donnell, PC 777 Fifth Street Castle Rock, CO 80104 Phone (303) 688-1193 Facsimile (303) 663-8595 Email: [email protected] Attorney for Defendant Michael Smith

Page 3 of 4

Case 1:04-cr-00103-REB-MEH

Document 1305

Filed 06/27/2007

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on June 27, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Matthew T. Kirsch, AUSA Wyatt Angelo, AUSA Peter Bornstein, Esq.

[email protected]

[email protected] [email protected]

Thomas Hammond, Esq. [email protected] Daniel T. Smith, Esq. [email protected] Thomas Goodreid, Esq. [email protected] Ron Gainor, Esq. [email protected]

Mitchell Baker, Esq. [email protected] Richard K. Kornfeld, Esq. [email protected]

s/Declan J. O'Donnell Declan J. O'Donnell, PC 777 Fifth Street Castle Rock, CO 80104 Phone (303) 688-1193 Facsimile (303) 663-8595 Email: [email protected] Attorney for Defendant Michael Smith

Page 4 of 4