Order Denying Emergency Motion for Extension of Time to Self-Surrender — United States v. Joseph (Dkt. 193, D. Utah)

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An order of District Judge Jill N. Parrish in United States v. Gabriel Seth Joseph, Case No. 2:15-cr-103-JNP-BCW, in the U.S. District Court for the District of Utah, signed and filed July 8, 2016 as Document 193. It denies the Emergency Motion for Extension of Time to Self-Surrender (Docket 189), filed one business day before the surrender date. The order recounts that Joseph was convicted in November of 2015, that sentencing took place on May 27, 2016 after continuances he requested, and that he was given until July 11, 2016 to self-surrender. It rejects counsel's two arguments, a delay in obtaining sentencing transcripts and time spent on other matters, noting that counsel's office misplaced the payment owed to the court reporter. Joseph is to self-surrender on July 11, 2016, as previously ordered.

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Case 2:15-cr-00103-JNP Document 193 Filed 07/08/16 Page 1 of 3




                        IN THE UNITED STATES DISTRICT COURT
                              FOR THE DISTRICT OF UTAH


UNITED STATES OF AMERICA,                         ORDER DENYING EMERGENCY
                                                  MOTION FOR EXTENSION OF TIME TO
                      Plaintiff,                  SELF-SURRENDER
v.
                                                  Case No. 2:15-cr-103-JNP-BCW
GABRIEL SETH JOSEPH,
                                                  District Judge Jill N. Parrish
                      Defendant.


       Before the court is an “Emergency Motion for Extension of Time to Self-Surrender.”

(Docket 189). Counsel for Mr. Joseph requests an extension of time for Mr. Joseph to self-

surrender, contending that the extension is warranted due to an “emergency” situation. The

request for that extension is DENIED.

       Mr. Joseph was convicted of serious crimes in November of 2015. Counsel for Mr.

Joseph requested multiple continuances of the sentencing date in order to conduct further

discovery and prepare legal arguments. At Mr. Joseph’s request, the court held extensive

hearings and briefing on sentencing issues. Counsel for Mr. Joseph repeatedly informed the court

during those hearings that he intended to appeal. Due to the continuances, briefing, and hearings

requested by Mr. Joseph, his sentencing did not occur until May 27, 2016. After the court

imposed sentence, Mr. Joseph requested, and the court granted, a lengthy time for Mr. Joseph to

prepare his affairs before he was to self-surrender on July 11, 2016.

         Case 2:15-cr-00103-JNP Document 193 Filed 07/08/16 Page 2 of 3



       Mr. Joseph filed this “Emergency Motion for Extension of Time to Self-Surrender” at

11:54 P.M. just one business day before his self-surrender date. Counsel for Mr. Joseph advances

two arguments for why there is an “emergency” that justifies bringing “this motion so close in

time to Mr. Joseph’s self-surrender date.” First, he argues that there was a delay in obtaining

transcripts of the May 20 and May 27 sentencing hearings. Second, he states that he has “also

devoted significant time to other matters related to Mr. Joseph’s case, including filings related to

Mr. Joseph’s appeal.” Neither of these arguments, however, explains the reason for the

emergency or justifies an extension of the self-surrender date.

       With respect to the delay in obtaining the transcripts, counsel admits that it was caused

because his office “misplaced” the payment owed to the court reporter. Because he had not paid

his bill to the court reporter, counsel was unable to receive transcripts he wanted to review.

Counsel asserts that this problem has now been corrected and that he anticipates receiving the

transcripts shortly. But counsel may not use this self-created “emergency” in order to justify his

request for extension of time. Counsel offers no explanation for why it took so long to realize

why the transcripts had not been received. More importantly, counsel has not explained why

those transcripts were necessary to the preparation of his Motion for Release. Indeed, counsel

was able to prepare and file the Motion for Release without referencing the transcripts that

allegedly caused the delay. And both of the hearings for which counsel requested transcripts

were sentencing hearings where current counsel for Mr. Joseph was present and was aware of the

arguments made and the rulings entered. In short, neither counsel’s failure to pay its bills nor the

fact that counsel lacks the transcripts justifies his tardy motion.

       Similarly, counsel’s other work on Mr. Joseph’s case does not justify an emergency

extension. Counsel has known for months that Mr. Joseph intended to appeal. Presumably,

         Case 2:15-cr-00103-JNP Document 193 Filed 07/08/16 Page 3 of 3



counsel has also known since the sentencing that he intended to file a Motion for Release

Pending Appeal. Yet the motion was filed at 11:54 P.M. just one business day before the self-

surrender date. Counsel may not now justify an extension of that self-surrender date based on a

so-called “emergency” created by counsel’s own delay.

       The “Emergency Motion for Extension of Time to Self-Surrender” is DENIED. (Docket

189). Mr. Joseph is to self-surrender on July 11, 2016, as previously ordered. The court will rule

on the “Motion for Release Pending Appeal” once it is fully briefed in accordance with the usual

briefing schedule set by the court’s local rules.

       Signed July 8, 2016.

                                               BY THE COURT



                                               ______________________________
                                               Jill N. Parrish
                                               United States District Court Judge

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