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United States v. Jerald Peter D'souza

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 7, 2011

UNITED STATES,
PLAINTIFF,
v.
JERALD PETER D'SOUZA, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

BENJAMIN B. WAGNER United States Attorney MICHELLE RODRIGUEZ Assistant U.S. Attorney 501 I Street, 10th Floor Sacramento, CA 95814 (916) 554-2700

MOTION FOR EXTENSION OF TIME AND ORDER RE MODIFIED BRIEFING SCHEDULE

On or about August 25, 2011, the United States received defendant's Federal Rule of Crim Procedure 11 motions (a) to dismiss the underlying indictment for supposed lack of subject matter jurisdiction and (b) to withdraw his guilty plea. Fed. R. Crim. P. 23. On September 29, 2011, this Court - via minute order -- directed the United States to file a response on or before October 10, 2011. Fed. R. Crim. P. 24.

HEREBY, the United States respectfully moves for an approximate 60-day extension of time to file its response brief, namely to December 9, 2011. This motion for extension of time is supported by the accompanying declaration of the undersigned federal prosecutor.

ORDER

For the reasons set forth above and in the accompanying Declaration of AUSA Michelle Rodriguez, the Court enters the following briefing schedule regarding the above-referenced Fed. R. Crim. P. 11 motions:

(1) United States' Response is due December 9, 2011; and

(2) Defendant's Reply, if any, is due December 30, 2011.

IT IS SO ORDERED.

20111007

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