IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

UNITED STATES OF AMERICA )

)

v. ) CRIMINAL ACTION

)

xxxxxxxxxxx ) NO. xxxxxxxxxx

______________________________)

MOTION FOR LEAVE TO FILE ADDITIONAL

MOTIONS OUT OF TIME

COMES NOW the defendant xxxxxxxxxx, and files this motion for leave to file certain additional pre-trial motions after the original deadline imposed by this Court.

In support of this motion, defendant shows the following:

(1)

Defendant xxxxxxxx is in the process of trying to obtain information deemed relevant to this case, which may bear on whether a motion to dismiss the indictment is appropriate. In particular, information concerning the possibility of Mr. xxxxxxxx receiving immunity for information he provided during testimony in a previous case needs to be further explored before a decision can be made on whether such a motion may properly be filed in this case.

(2)

The Government will not be prejudiced by the fact that any such motions are filed out of time in this case.

WHEREFORE, defendant requests that this motion be granted.

Dated: This 23rd day of May, 1994.

Respectfully submitted,

______________________________

GREGORY S. SMITH

STATE BAR NO. 658375

______________________________

MILDRED H. GECKLER

STATE BAR NO. 323373

ATTORNEYS FOR  xxxxxxxx

Federal Defender Program, Inc.

Suite 3512

101 Marietta Tower

Atlanta, Georgia 30303

(404) 688-7530

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