IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 7, 2008
UNITED STATES OF AMERICA, PLAINTIFF,
HAGOP VARTANIAN, DEFENDANT.
The opinion of the court was delivered by: Oliver W. Wanger U.S. District Court Judge
MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255
The United States of America, by and through its undersigned counsel, hereby moves for an extension of time in which to file its response to appellant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255.
This motion is based on the attached declaration of Mark E. Cullers. The reasons underlying the requested extension are detailed in the attached declaration of Assistant United States Attorney Mark E. Cullers.
Respectfully submitted, McGREGOR W. SCOTT United States Attorney
Date: August 5, 2008 By: MARK E. CULLERS Assistant United States Attorney
I, Mark E. Cullers, declare as follows:
1. I am an Assistant United States Attorney for the Eastern District of California and the Chief of the Fresno Office of the Unites States Attorney and the lead prosecutor in this case.
2. On July 31, 2008, I received petitioner's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 in this case. Subsequently, on August 5, 2008, I received the court's Order ordering a response from the government within 45 days, or by September 5, 2008.
3. I would like to file an Opposition to the Motion, however, I will be out of the country for two weeks beginning September 1, 2008 and will not be returning until September 12, 2008 on honeymoon. Given this trip, under the current schedule, I would have to file my Opposition by August 31, 2008, and given my current work schedule, this would not be possible.
4. In light of the above, the United States would request that it have up to and including October 17, 2008, within which to file a response to the defendant's motion.
I declare under penalty of perjury that the matters herein as to which I have personal knowledge are true and correct and as to other matters I believe them to be true and correct.
Executed at Fresno, California on August 5, 2008. MARK E. CULLERS Assistant U.S. Attorney McGREGOR W. SCOTT United States Attorney MARK E. CULLERS Assistant U.S. Attorney 4401 Federal Building 2500 Tulare Street Fresno, CA 93721 Telephone: (559)497-4000
For good cause as established in the government's motion for an extension of time;
IT IS HEREBY ORDERED, that the government may have until October 17, 2008, to respond to the defendant's petition in this matter.
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