U.S. v. Hernandez-Pacheco, 2:18-CR-535 TS. (2019)
Court: District Court, D. Utah
Number: infdco20190423d81
Visitors: 6
Filed: Apr. 22, 2019
Latest Update: Apr. 22, 2019
Summary: MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND MOTION FOR EXTENSION OF TIME TO FILE REPLY TED STEWART , District Judge . This matter is before the Court on Defendant's Motion to Dismiss and Motion for Extension of Time to File a reply. For the reasons discussed below, the Court will deny both Motions. Defendant has failed to demonstrate good cause and excusable neglect to file an out-oftime reply brief. 1 Therefore, Defendant's Motion for Extension of Time must be
Summary: MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND MOTION FOR EXTENSION OF TIME TO FILE REPLY TED STEWART , District Judge . This matter is before the Court on Defendant's Motion to Dismiss and Motion for Extension of Time to File a reply. For the reasons discussed below, the Court will deny both Motions. Defendant has failed to demonstrate good cause and excusable neglect to file an out-oftime reply brief. 1 Therefore, Defendant's Motion for Extension of Time must be ..
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MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND MOTION FOR EXTENSION OF TIME TO FILE REPLY
TED STEWART, District Judge.
This matter is before the Court on Defendant's Motion to Dismiss and Motion for Extension of Time to File a reply. For the reasons discussed below, the Court will deny both Motions.
Defendant has failed to demonstrate good cause and excusable neglect to file an out-oftime reply brief.1 Therefore, Defendant's Motion for Extension of Time must be denied. However, the Court has reviewed the proposed reply that was attached to the Motion for Extension of Time and concludes that nothing contained therein alters the Court's decision on the Motion to Dismiss. In light of United States v. Contreras-Cabrera2 and Soriano-Mendosa v. Barr,3 Defendant's Motion to Dismiss must be denied.
It is therefore
ORDERED that Defendant's Motion to Dismiss and Motion for Extension of Time (Docket Nos. 16 and 23) are DENIED. The time from the filing of the Motion to Dismiss to this Order is excluded from computation under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(1)(D), (H). This matter is scheduled for a two-day trial to begin May 13, 2019.
FootNotes
1. Fed. R. Crim. P. 45(b)(1)(B)
2. ___F. App'x___, 2019 WL 1422627 (10th Cir. Mar. 29, 2019).
3. ___F. App'x___, 2019 WL 1531499 (10th Cir. Apr. 9, 2019)
Source: Leagle
