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REGARDING THE DEFENSE'S SUPPLEMENTAL REPLY BRIEF
DUE JULY 29, 2010
The defense will file no brief Thursday, July 29, 2010. They have requested and received permission for an extension to and including August 2, 2010.
In support of their request, they have listed the following:
(1) This appeal involves the denial of a successive Section 2255 Motion filled by the Appellant, who was convicted in 1979 of the murders of his family. The record in this case is extremely voluminous -- the trial itself last twenty-nine days, and there are numerous voluminous pleadings relating to numerous post-trial motions and habeas corpus proceedings filed prior to the Motion at issue in this appeal. In addition, the Motion involved in this appeal involves voluminous pleadings and materials.
(2 After the filing of briefs by the parties, and oral argument was held on March 233, 2010, this Court entered an order expanding the certificated of appealability and requiring the filling of supplement briefs by the parties. MacDonald filed his Supplemental Opening Brief on June 15, 2010. The Government files its Supplemental Response Brief on July 15, 2010. Under the Court's scheduling order, MacDonald's Supplemental Reply Brief is currently due on July 29, 2010.
(3) MacDonald respectfully requests that the deadline for the filling of his Supplemental Reply Brief [be] extended by four (4) days, to and include August 2, 2010. Unsigned counsel for MacDonald is scheduled to be out of the office on a trip from the afternoon of Wednesday, July 28, 2010 through the end of that week, and has previously purchased prepaid air ticket for this trip. Undersigned counsel therefore requests this extension so that he may have sufficient time to properly prepare and file Supplemental Reply Brief.
(6) Undersigned counsel has discussed this Motion with AUSA John Bruce, one of the prosecutors handling this matter for the Government, and Mr. Bruce states that the Government does not oppose this Motion.
This was signed by Joseph E. Zeszotarski, Jr.
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