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

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PAUL K. CHARLTON United States Attorney District of Arizona TRACEY A. BARDORF Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 020623 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff-Respondent, v. Jose Espiridion Efrain Jamies-Salgado, aka Angel Reyes-Gonzalez, Defendant-Movant. The United States, by and through undersigned counsel, hereby moves this Court for an CR-04-1010-EHC-PHX CV-04-3052-EHC-PHX (HCE) MOTION TO EXTEND TIME TO FILE SUPPLEMENTAL BRIEF

16 Order extending the time to file its supplemental brief for 60 days. 17 18 Facts On December 29, 2004, Defendant-Movant filed a Moton to Vacate, Set Aside, or Correct

19 Sentence pursuant to 28 U.S.C. § 2255, claiming that, notwithstanding the factual assertions to 20 which he plead guilty, he was not deported on July 30, 2001. [Criminal Case Dkt # 13] On June 21 23, 2005, the government responded to the Motion and noted that documentary evidence in 22 Defendant-Movant's alien file contained his alien number and fingerprint and indicated that he 23 was in fact deported from the United States on July 30, 2001. [Criminal Case Dkt # 21] On June 24 27, 2006, United States Magistrate Judge Héctor C. Estrada ordered the government to file a 25 supplemental brief. [Criminal Case Dkt # 24] The Court instructed the government to address 26 the fingerprint evidence related to the 2001 deportation of Defendant-Movant and to provide 27 an affidavit from Defendant-Movant's trial counsel regarding his investigation into the facts 28 surrounding that deportation.

Case 2:04-cr-01010-EHC

Document 26

Filed 07/17/2006

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Undersigned counsel was recently assigned to prepare this supplemental briefing, as

2 Assistant United States Attorney Mark Reeves has resigned from this office to become a Yuma 3 County Superior Court Judge. Undersigned counsel is in the process of obtaining the requested 4 affidavit from trial counsel, Bruce Yancey, Esq. In addition, the case agent for this case recently 5 obtained Defendant-Movant's alien file and is in the process of submitting fingerprint exemplars 6 contained in that alien file to the Forensic Document Laboratory for fingerprint analysis. It is 7 anticipated that a full report regarding that fingerprint analysis will be completed within 30 days. 8 9 Conclusion In order to allow time to receive the aforementioned report and affidavit and prepare the

10 supplemental brief, the United States respectfully requests an additional 60 days in which to file 11 the supplemental brief outlined in this Court's June 27, 2006 Order. 12 13 14 15 16 17
Certificate of Service

Respectfully submitted this 17th day of July, 2006. PAUL K. CHARLTON United States Attorney District of Arizona /S/ Tracey Bardorf Assistant U.S. Attorney

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I hereby certify that on July 17, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and mailed a copy of the attached document to: Jose Espiridion Efrain Jaimes-Salgado, A#64243208 CI California City Correctional Institution, PO Box 3001-0001, California City, California 93504

Case 2:04-cr-01010-EHC

Document 26

Filed 07/17/2006

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