Filed: Nov. 14, 2016
Latest Update: Nov. 14, 2016
Summary: MOTION TO CONTINUE MOTION DEADLINES JENNIFER A. DORSEY , District Judge . COMES NOW defendant, William C. Thompson, by and through his attorney, Heidi A. Ojeda, Assistant Federal Public Defender, and hereby submits this Motion to Continue Motion Deadlines. It is requested that the defendant shall have to and including December 9, 2016 to file any and all pretrial motions and notices of defense, that the Government shall have to and including December 23, 2016 to file any and all responsive
Summary: MOTION TO CONTINUE MOTION DEADLINES JENNIFER A. DORSEY , District Judge . COMES NOW defendant, William C. Thompson, by and through his attorney, Heidi A. Ojeda, Assistant Federal Public Defender, and hereby submits this Motion to Continue Motion Deadlines. It is requested that the defendant shall have to and including December 9, 2016 to file any and all pretrial motions and notices of defense, that the Government shall have to and including December 23, 2016 to file any and all responsive p..
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MOTION TO CONTINUE MOTION DEADLINES
JENNIFER A. DORSEY, District Judge.
COMES NOW defendant, William C. Thompson, by and through his attorney, Heidi A. Ojeda, Assistant Federal Public Defender, and hereby submits this Motion to Continue Motion Deadlines. It is requested that the defendant shall have to and including December 9, 2016 to file any and all pretrial motions and notices of defense, that the Government shall have to and including December 23, 2016 to file any and all responsive pleadings and that the defendant shall have to and including December 30, 2016 to file any and all replies to dispositive motions.
The undersigned counsel posits that good cause exists to continue the motion deadlines based upon the following:
1. The client is in custody and does not oppose the continuance.
2. Undersigned counsel for Mr. Thompson was just recently assigned to this case at the end of September. CR# 87 Notice of Appearance. Prior counsel, Ms. Weksler, is no longer involved in this case. Further, co-defendant, David Yoder, just recently made his appearance in this case on September 1, 2016. CR# 75, Minutes of Proceedings. The other co-defendant has yet to make his initial appearance in this case and is currently serving an out of state sentence in California.
3. Mr. Thompson is facing a severe sentence (Count 1 alone carries a mandatory minimum sentence of 20 years). Trial in this matter is currently set for April 11, 2017. CR# 77. A brief, 30-day extension of the pre-trial motion deadlines will not affect the currently scheduled trial date. Counsel for David Yoder has no objection to the extension of the pre-trial motion deadlines. The Government, however, has indicated that they oppose any additional extension. For all these reasons, Mr. Thompson requests the Court extend the pre-trial motion deadlines in this case for an additional 30 days.
4. Denial of this request for continuance would deny counsel for the defense sufficient time to effectively and thoroughly prepare and submit appropriate pretrial motions and notices of defense, taking into account the exercise of due diligence.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice.
IT IS SO ORDERED.
