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

Case 3:08-cr-02032-JLS

Document 27

Filed 08/10/2008

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1 ROBERT H. REXRODE, III California State Bar No. 230024 2 427 C Street, Suite 300 San Diego, California 92101 3 Telephone: (619) 233-3169, Ext. 13 Facsimile: (619) 684-3553 4 [email protected] 5 Attorney for Mr. Jose Baudilo Gastelum 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 (HONORABLE JANIS L. SAMMARTINO) 10 UNITED STATES OF AMERICA, 11 12 v. 13 14 JOSE BAUDILIO GASTELUM, 15 16 17 TO: 18 19 KAREN P. HEWITT, UNITED STATES ATTORNEY, CHARLOTTE KAISER, ASSISTANT UNITED STATES ATTORNEY Mr. Gastelum, by and through counsel, Robert Rexrode, asks this court to grant Defendant. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) CASE NO. DATE: TIME: 08cr2032-JLS August 21, 2008 9:00 a.m.

MOTION TO EXTEND TIME ________________________________

20 leave to file his pre-trial motions one business-day beyond the time period for filing. 21 Mr. Gastelum attempted to timely file his motions on August 7, 2008, but due to

22 counsel's filing errors, his motions were rejected. In rejecting Mr. Gastelum's motions, 23 on August 8, 2008, this Court granted counsel leave to file a brief in excess of the page 24 limit, and granted him leave to file his motions on August 8, 2008. See Docket No. 25. 25 Defense counsel was out of the office on August 8, 2008. For this reason, defense

26 counsel requests leave to file his motions an additional business-day late, on August 11, 27 2008. Counsel did deliver a courtesy copy of his motions to both the Court and the 28 prosecutor assigned to this case on August 7, 2008, hopefully alleviating any

Case 3:08-cr-02032-JLS

Document 27

Filed 08/10/2008

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1 inconvenience in his late filing. 2 3 4 Dated: August 10, 2008 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 08cr2032 /s/ Robert H. Rexrode ROBERT H. REXRODE, III Attorney for Mr. Gastelum [email protected] Respectfully submitted,

Case 3:08-cr-02032-JLS

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Filed 08/10/2008

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1 ROBERT H. REXRODE, III California State Bar No. 230024 2 427 C Street, Suite 300 San Diego, California 92101 3 Telephone: (619) 233-3169, ext. 13 Facsimile: (619) 684-3553 4 [email protected] 5 Attorney for Mr. Jose Baudilo Gastelum 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 (HONORABLE JANIS L. SAMMARTINO) 10 UNITED STATES OF AMERICA, 11 Plaintiff, 12 v. 13 JOSE BAUDILIO GASTELUM, 14 15 16 Counsel for Defendant certifies that the foregoing pleading is true and accurate to the best 17 of his information and belief, and that a copy of the foregoing document has been served via 18 CM/ECF and email this day upon: 19 20 21 22 23 24 25 Dated: August 10, 2008 26 27 28 Respectfully submitted, /s/ Robert H. Rexrode Charlotte Kaiser, Assistant United States Attorney [email protected] Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 08cr2032-JLS

PROOF OF SERVICE

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ROBERT H. REXRODE, III Attorney for Defendant [email protected]