Free Motion to Extend Time - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DANIEL G. KNAUSS United States Attorney District of Arizona GARY M. RESTAINO Arizona State Bar No. 017450 Assistant U.S. Attorneys Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Juan Yanez-Hernandez, Defendant. GOVERNMENT'S MOTION TO FILE A LATE RESPONSE CR04-1229-PHX-NVW

The United States, through counsel undersigned, moves for leave to file a late response to defendant's "Motion for Sentencing Adjustment." Undersigned counsel received the motion through the ECF system on or about April 9, 2007. Upon review, the motion appeared to be a habeas motion to which no response is required absent a request from the Court. Following the response deadline of on or about April 23, 2007, the Court's deputy contacted counsel with respect to a response. Upon a second review of defendant's motion, the government

acknowledges that the motion may fairly be construed as something other than a habeas motion, to which a response would normally be required. Accordingly, in an effort to assist the Court and to provide the government's perspective on the motion, the government seeks leave to file a response less than two weeks following the deadline. Undersigned counsel has not contacted defendant about this motion since he is in custody.

Case 2:04-cr-01229-NVW

Document 51

Filed 05/04/2007

Page 1 of 2

1

It is not expected that excludable delay under 18 U.S.C. Section 3161(h) will occur as a

2 result of this motion or an order based on this motion, since defendant currently has no Speedy 3 Trial rights with respect to this dispute. 4 5 6 7 8 9 10 GARY M. RESTAINO Assistant U.S. Attorney CERTIFICATE OF SERVICE Respectfully submitted this 4th day of May, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/ Gary Restaino

11 I hereby certify that on this date, I sent a copy of this electronically-filed response to defendant at his custodial address: Juan Yanez-Hernandez, # 68806-198, NEOCC, 2240 Hubbard Road, 12 Youngstown, OH 44505. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2

Case 2:04-cr-01229-NVW

Document 51

Filed 05/04/2007

Page 2 of 2