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United States v. Arroyo

United States District Court, Ninth Circuit

October 18, 2013

United States of America, Plaintiff,
v.
CLEMENTE FERRIAS ARROYO, Defendant.

BENJAMIN B. WAGNER, United States Attorney.

Samuel Wong, Assistant United States Attorney.

Michael L. Chastaine, SBN 121209, The CHASTAINE LAW OFFICE, Gold River, CA, Attorney for Defendant, Clemente Arroyo.

STIPULATION AND ORDER TO EXTEND TIME TO FILE RULE 29 AND RULE 33 MOTIONS, DECLARATION IN SUPPORT OF MOTION

JOHN A. MENDEZ, District Judge.

Stipulation to Extend Time to File

LAW

The law allows the defense to file a Motion to Dismiss (Rule 33) and a Motion for Acquittal (Rule 29) within 14 days after the verdict. However, the Federal Rules of Criminal Procedure, Rule 45 allow that such time may be extended by the Court on a proper showing.

Rule 45(b) EXTENDING TIME.

(1) In General. When an act must or may be done within a specified period, the court on its own may extend the time, or for good cause may do so on a party's motion made:

(A) before the originally prescribed or previously extended time expires; or
(B) after the time expires if the party failed to act because of excusable neglect.

(2) Exception. The court may not extend the time to take any action under Rule 35, except as stated in that rule.

Since the day of the verdict, Counsel for Mr. Arroyo has been engaged in a full day deposition, a full day Court trial as well as other court appearances and legal services. Additionally, counsel for Mr. Arroyo is a solo practitioner. As a result, counsel for Mr. Arroyo has not had sufficient time to research and draft Rule 29 and Rule 33 motions.

During the course of the trial, the defense made a motion to dismiss based upon prosecutorial misconduct. The Court denied the defense's motion to dismiss without prejudice, but did grant sanctions. The area of prosecutorial misconduct is complex and will require significant amount of time to properly research the law and draft an appropriate motion. Specifically, the proper remedy for the conduct of the Government needs to be thoroughly research. This is a time consuming process and Counsel for Mr. Arroyo has ...


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