Motion to Extend Deadline to File Rule 33(a) Motion — No. 2:21-cr-00520 (Dkt. 257, D. Utah)

Summary

A Motion to Extend Deadline to File Rule 33(a) Motion, Document 257 filed December 25, 2024 in the District of Utah (Case 2:21-cr-00520-JNP), United States v. Allison Marie Baver, before District Judge Jill N. Parrish, filed by Langford Ramos PLLC counsel. The court had granted an earlier extension on December 3, 2024 and set a deadline of January 6, 2025, and defense counsel, appointed October 24, 2024, now says it needs more time under Rule 45(b)(1)(B) because it lacks her complete file from the Federal Public Defender, sealed documents cannot be accessed, and review is incomplete. The motion states the government opposes any extension.

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 Case 2:21-cr-00520-JNP Document 257 Filed 12/25/24 PageID.3944 Page 1 of 4




Michael Langford (9682)
Alexander E. Ramos (15234)
LANGFORD | RAMOS PLLC
43 E. 400 S.
Salt Lake City, UT 84111
Telephone: (801) 998-2002
Email: alex@langfordramos.com

Attorneys for Allison Marie Baver

                       IN THE UNITED STATES DISTRICT COURT
                                    DISTRICT OF UTAH

  UNITED STATES OF AMERICA,                        MOTION TO EXTEND DEADLINE TO
                                                       FILE RULE 33(a) MOTION
          Plaintiff,


  v.
                                                          Case No. 2:21-cr-00520
  ALLISON MARIE BAVER,                                  District Judge Jill N. Parrish

       Defendant.

       Allison Marie Baver (“Ms. Baver”) through undersigned counsel, and pursuant to Federal

Rule of Criminal Procedure 45(b)(1)(B) respectfully moves the Court to extend the deadline to

file a Rule 33(a) Motion to Vacate Judgment and Grant a New Trial. As explained below, good

cause exists.

                       Relevant Factual and Procedural Background

       Ms. Baver filed a Motion to Extend Time to File Rule 33(a) Motion on October 30, 2024,

the Government filed their Response on November 6, 2024, and defense filed their Reply on

November 9, 2024. (ECF Nos. 248, 250, & 252.) On December 3, 2024, this Court granted Ms.

Baver’s motion and set a deadline of January 6th, 2025. (ECF No. 253). Undersigned was

appointed on October 24, 2024. (ECF No. 244.) That same day, requests were made to obtain



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Ms. Baver’s file, review of publicly available information related to the case was conducted, and

research into possible motions began.

                                            Legal Background

                                               Rule 45

        Rule 45(b) provides:

        (b) Extending Time.

        (1) In General. When an act must or may be done within a specified period, the
        court on its own may extend the time, or for good cause may do so on a party’s
        motion made:

        (A) before the originally prescribed or previously extended time expires; or

        (B) after the time expires if the party failed to act because of excusable neglect.

        (2) Exception. The court may not extend the time to take any action under Rule
        35, except as stated in that rule.


Fed. R. Crim. P. 45(b).

                                             Argument

        In preparing a Rule 33(a) motion, undersigned counsel has been reviewing discovery

from the government, Ms. Baver’s case file from prior counsel, trial transcripts, caselaw, and

email communications. Despite having identified issues that undersigned counsel believes merit

a new trial additional time is needed.

   I.      Good Cause Exists for the Court to GRANT an Extension to File Rule 33(a)
           Motion Based on Defense Counsel Not Having Ms. Baver’s Complete File and
           Not Enough Time to Review.

        Based on undersigned counsel not having Ms. Baver’s entire file, an incomplete record,

and not enough time to review said contents good cause exists and the Court should extend Ms.

Baver’s January 6, 2025 deadline to file a Rule 33 Motion for a New Trial.




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       Ms, Baver’s file and email communications were requested to be transferred from FPD to

undersigned on October 24, 2024. Discovery was also requested from the Government. Since

then, many files have been provided by FPD and the government. However, many items are still

in FPD’s possession. This is due to a combination of technical difficulties, staff shortage, and

internal attorney-client privilege issues. Undersigned counsel has been in close communication

with FPD and are working jointly to facilitate the transfer. Contained within these files are also

sealed documents that undersigned counsel cannot access via PACER. Despite these setbacks,

undersigned counsel has drafted their Rule 33(a) motion with what is currently available to them.

With the deadline approaching, undersigned counsel will fail to complete their due diligence, and

be ineffective, in their Rule 33(a) filing without a complete file and record, and time to review

them. The government was contacted about this extension, they’ve indicated they would oppose

any extension.

                                            Conclusion

       For the reasons argued, Ms. Braver respectfully requests that the Court extend the

January 6th, 2025 deadline to file a Rule 33(a) Motion to Vacate Judgment and Grant a New

Trial. Originally, Ms. Braver requested that the length of the extension be thirty days from the

entry of the Court’s Order. Undersigned counsel erroneously assumed it would be in possession

of a complete record and Ms. Baver’s entire file. With this request, Ms. Baver asks the Court to

extend the deadline an additional 45-60 days to ensure that the FPD has sufficient time to address

their in-house issues and provide Ms. Baver’s entire file. Needless to say, undersigned counsel

will continue to work on their Rule 33(a) motion with what it currently has available.

        Respectfully submitted this 25th day of December, 2024.




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                                        _/s/_Alexander E. Ramos_______________
                                        Alexander E. Ramos
                                        LANGFORD | RAMOS, PLLC.




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