Motion for Extension of TIME to Respond to 35 Motion for Compassionate Release — USA v. Ashcraft (Dkt. 37, E.D. Cal.)

Record facts

U.S. District Court for the Eastern District of California · No. 2:22-cr-00087-KJM · Doc. 37 · 2023-12-13 · Docket on CourtListener

Full text

1 
 GOVERNMENT’S MOTION FOR EXTENSION OF TIME 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
PHILLIP A. TALBERT 
United States Attorney 
 
MATTHEW THUESEN 
Assistant United States Attorney 
501 I Street, Suite 10-100 
Sacramento, CA 95814 
Telephone:  (916) 554-2700 
Facsimile:   (916) 554-2900  
 
 
Attorneys for Plaintiff 
United States of America 
 
 
IN THE UNITED STATES DISTRICT COURT 
 
EASTERN DISTRICT OF CALIFORNIA 
 
UNITED STATES OF AMERICA, 
                                              Plaintiff, 
                                    v. 
AARON ASHCRAFT, 
                                             Defendant. 
CASE NO.  2:22-CR-00087-KJM 
GOVERNMENT’S MOTION FOR AN 
EXTENSION OF TIME 
 
The United States of America, by and through its counsel, Phillip A. Talbert, United States 
Attorney, and Matthew Thuesen, Assistant United States Attorney, hereby request an extension to 
January 16, 2024, in which to file its response or opposition to the defendant’s pro se motion for 
compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A).  Docket No. 35.  This motion is based on 
the attached declaration of Assistant United States Attorney Matthew Thuesen. 
 
 
Dated:  December 13, 2023 
By: 
 
PHILLIP A. TALBERT 
United States Attorney 
 
 
/s/ Matthew Thuesen 
 
MATTHEW THUESEN 
Assistant United States Attorney 
 
 
 
 
Case 2:22-cr-00087-KJM     Document 37     Filed 12/13/23     Page 1 of 3

 
 
 
 
2 
 GOVERNMENT’S MOTION FOR EXTENSION OF TIME 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
DECLARATION 
I, Matthew Thuesen, declare as follows: 
1. 
I am an Assistant United States Attorney for the Eastern District of California and am 
familiar with the facts described below. 
 
 
2. 
On December 4, 2023, the defendant filed a pro se motion for compassionate release.  
Docket No. 35.  Pursuant to Local Rule, the government’s response is due on December 13, 2023.    
3. 
I am aware personnel from the office of the undersigned have requested necessary 
documents from the Bureau of Prisons pertaining to Ashcraft.  Those records have not yet been received.  
Since the enactment of the First Step Act, document requests take longer to receive than they previously 
did. Additionally, undersigned counsel has leave scheduled. 
4. 
For the reasons stated above, the government asks the Court for an extension to January 
16, 2024, to file its response to Ashcraft’s pro se motion.  This will allow time to analyze the relevant 
documents, review the law governing this case, and draft an appropriate response.   
I declare under the penalty of perjury that the foregoing is true and correct to the best of my 
knowledge.   
    Executed this 13th day of December 2023. 
 
 
 
/s/ Matthew Thuesen 
 
MATTHEW THUESEN 
Assistant United States Attorney 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:22-cr-00087-KJM     Document 37     Filed 12/13/23     Page 2 of 3

 
 
 
 
3 
 GOVERNMENT’S MOTION FOR EXTENSION OF TIME 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
CERTIFICATE OF SERVICE BY MAIL 
The undersigned hereby certifies that he/she is an employee in the Office of the United States 
Attorney for the Eastern District of California and is a person of such age and discretion to be 
competent to serve papers. 
That on December 13, 2023 a copy of the GOVERNMENT’S MOTION FOR AN 
EXTENSION OF TIME and PROPOSED ORDER was served by placing said copy in a postpaid 
envelope addressed to the person(s) hereinafter named, at the place(s) and address(es) stated below, 
which is/are the last known address(es), and by depositing said envelope and contents in the United 
States Mail at Sacramento, 
California. Addressee: 
Aaron Ashcraft 
#00025-510 
FCI-SHERIDAN 
P.O. Box 6000 
Sheridan, OR 97378  
 
 
 
 
 
 
 
 
 
 
 
 
 
/s/ C. Buxbaum 
  
 
 
 
 
 
 
 
 
C. BUXBAUM 
 
 
 
Case 2:22-cr-00087-KJM     Document 37     Filed 12/13/23     Page 3 of 3

File and source

File

gov.uscourts.caed.410248.37.0.pdf

Size

168,748 bytes

SHA-256

a2bc72cbf487d0d9ddef95d9ffe785cdcf64b92cef2d707e1103a03f0c03b1fd

Our copy

gov.uscourts.caed.410248.37.0.pdf

Original

PACER (login required)