UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA :
:
v. : CRIM. No. xx-xxxx (JR)
:
xxxxxxxxx xxxxxxxx, :
Defendant. :
____________________________________:
MOTION FOR LEAVE TO LATE-FILE MOTION TO WITHDRAW PLEA OF GUILTY AND INCORPORATED MEMORANDUM OF SUPPORTING POINTS
AND AUTHORITIES
xxxxxxx, through undersigned counsel, respectfully moves the courty for leave to late-file the attached Motion to Withdraw Plea Of Guilty And Incorporated Memorandum of Supporting Points And Authorities.
As grounds for this Motion, Mr. xxxxx, through counsel, states:
1. On May 5, 1998, xxxxxxxx pled guilty to the offense of unlawful possessioin of a firearm by a convicted felon, a violation of 18 U.S.C. § 922(g).
2. At the sentencing hearing, Mr. xxxxx sought to withdraw his guilty plea.
3. The court requested that counsel prepare a motion addressing the issue.
4. Undersigned counsel was unable to submit the motion by the deadline set by the court. Counsel had just completed trial in an armed career criminal matter. Further, counsel was simultaneously preparing for trial in a different case involving a client that, if convicted, would be sentenced as an armed career criminal.
5. Further, counsel had to prepare for numerous sentencing and other hearings.
6. Counsel has spoken with Assistant United States Attorney Eumi Choi who has no opposition to the late filing of this motion.
WHEREFORE, for all the foregoing reasons, and any others which may appear to this court, Anthony T. xxxxx, through undersigned counsel, respectfully requests that his motion be granted and that he be allowed to late file his motion to Withdraw Plea of Guilty and Incorporated Memorandum of Supporting Points and Authorities..
Respectfully submitted,
A.J. KRAMER
FEDERAL PUBLIC DEFENDER
_______________________
Valencia Rainey
Assistant Federal Public Defenders
625 Indiana Ave., N.W., Suite 550
Washington, D.C. 20004
(202) 208-7500
CERTIFICATE OF SERVICE
This is to certify that on this 6th day of October, 1998, a copy of the foregoing Motion For Leave To Late-File Motion To Withdraw Plea Of Guilty And Incorporated Memorandum of Supporting Points and Authorities has been served upon Eumi L. Choi, Assistant United States Attorney, the Office of the United States Attorney, 555 Fourth Street, N.W., Washington, D.C. 20001, by leaving a copy at the United States District Courthouse drop box for the Office of the United States Attorney.
Valencia R. Rainey
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA :
:
v. : CRIM. No. xx-xxx (JR)
:
xxxxxxxxx x. xxxxx, :
Defendant. :
____________________________________:
ORDER
Upon consideration of defendant's Motion For Leave To Late-File Motion To Withdraw Plea Of Guilty and Incorporated Memorandum Of Supporting Points And Authorities, it is this
day of October, 1998, hereby
ORDERED that defendant's Motion is granted.
____________________________
JAMES ROBERTSON
UNITED STATES DISTRICT JUDGE
Copies to:
Valencia Rainey, Esq.
Assistant Federal Public Defenders
625 Indiana Ave., N.W., Suite 550
Washington, D.C. 20004
(202)208-7500
Eumi L. Choi
Assistant United States Attorney
555 Fourth St., N.W., Room 5211
Washington, D.C. 20001
(202)514-7736
Shari L. McCoy
U.S. Probation Officer
U.S. District Court
Washington, D.C.
(202) 565-1352