UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION 3:75-CR :06-CV-24-F

Transcription

1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION 3:75-CR :06-CV-24-F UNITED STATES OF AMERICA v. JEFFREY R. MacDONALD Defendant UNOPPOSED MOTION TO EXTEND TIME TO FILE DEFENDANT S POST-HEARING MEMORANDUM NOW COMES defendant, Jeffrey R. MacDonald, by and rough his undersigned counsel, wi e consent of e government, and moves is Court to extend e time for e filing of defendant s post-hearing memorandum, allowed by is Court [DE 305], for irty days, to and including 17 February This additional time is necessitated by e workload of e undersigned since filing of e transcript on 19 November In furer support of is request, defendant shows e following: 1. This matter is before e Court on remand from e United States Court of Appeals for e Four Circuit for determination of defendant s motion to vacate under 28 U.S.C. 2255, a determination of e issues in e motion at must be assessed on e basis of e evidence as a whole under 28 U.S.C. 2255(h(1. United States v. MacDonald, 641 F.3d 596, (4 Cir This Court conducted a hearing from September 17 rough September 25. It allowed e parties to file post-hearing memoranda regarding e legal Case 3:75-cr F Document 328 Filed 01/10/13 Page 1 of 5

2 issues and e factual matters based on e evidence as a whole once e transcript of e hearing was completed. The transcript was filed wi is Court on 19 November Based on is Court s order, defendant s supplemental memorandum would be due on 18 January Since e transcript was delivered, e undersigned has been heavily involved in oer litigation. For example, e undersigned filed a petition for discretionary review in State v. Nidiffer in e Supreme Court of Nor Carolina on 6 November 2012; filed a brief in United States v. Lespier (a first degree murder case in e United States Court of Appeals for e Four Circuit on 14 November 2012; filed a brief in e Nor Carolina Court of Appeals in State v, Comeaux on 16 November 2012; filed a brief in e state court of appeals in State v. Floyd on 21 November 2012; filed a brief in e state court of appeals in State v. Quick on 10 December 2012; filed a petition for a writ of certiorari in e state court of appeals in State v. Allegra Dahlquist on 14 December 2012; filed petitions for discretionary review in e Supreme Court of Nor Carolina in State v. Sergakis on 26 December 2012 and State v Foster on 27 December 2012; filed anoer brief in e state court of appeals in State v. Ingram on 7 January 2013; presented an oral argument in e Supreme Court of Nor Carolina in State v. Carver on 8 January 2013; and served a proposed record on appeal in e state court of appeals in State v. Kevin Dahlquist on 9 January In addition, e undersigned must file a brief in e Supreme Court of Nor Carolina in State v. Miles on 14 January 2013 and a petition for a writ of certiorari in e Supreme Court of e United States on 19 January 2013 in United States v. Powell. Neier Case 3:75-cr F Document 328 Filed 01/10/13 Page 2 of 5

3 of ose matters can reasonably be extended. The issue in Powell is e retroactivity of Carachuri-Rosendo v. Holder, 130 S.Ct (2010 and its impact on United States v. Simmons, 649 F.3d 237 (4 Cir (en banc, an issue of especial importance to a host of cases in is Court and e circuit. 4. Under ese circumstances, e undersigned reasonably needs an additional irty days in which to file e post-hearing memorandum. 5. Moreover, as is Court is keenly aware, e present case is extremely complicated by e sheer number of pleadings, transcripts, documents, exhibits, and oer material involved. Assimilating e pertinent information in a supplemental memorandum at will be useful to e Court is a daunting task. 6. The undersigned has communicated wi opposing counsel, First Assistant United States Attorney John S. Bruce, who has consented to is extension of time. Defendant requests at e time for filing his post-hearing supplemental memorandum be extended to 18 February A proposed order is attached. Case 3:75-cr F Document 328 Filed 01/10/13 Page 3 of 5

4 WHEREFORE, Jeffrey R. MacDonald respectfully requests at is Court extend e time for filing of his post-hearing memorandum to 18 February This e 10 day of January, RUDOLF WIDENHOUSE & FIALKO /s/ M. Gordon Widenhouse, Jr. N.C. State Bar # West Franklin Street Chapel Hill, NC Telephone: Telefax: mgwidenhouse@rwf-law.com Attorney for Jeffrey R. MacDonald Case 3:75-cr F Document 328 Filed 01/10/13 Page 4 of 5

5 CERTIFICATE OF SERVICE I hereby certify at on 10 January 2013, I electronically filed e foregoing Unopposed Motion to Extend Time to File Defendant s Post-Hearing Memorandum wi e Clerk of Court using e CM/ECF system which will send notification of such filing to counsel of record in is matter. RUDOLF WIDENHOUSE & FIALKO /s/ M. Gordon Widenhouse, Jr. N.C. State Bar # West Franklin Street Chapel Hill, NC Telephone: Telefax: mgwidenhouse@rwf-law.com Case 3:75-cr F Document 328 Filed 01/10/13 Page 5 of 5