Case 1:16-cr-02917-JAP Document 108 Filed 08/22/18 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA,
Plaintiff,
vs.
YUSEF CASANOVA,
Defendant.

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Criminal No. 16-2917 JAP

UNITED STATES’ THIRD1, UNOPPOSED, NUNC PRO TUNC MOTION TO EXTEND
RESPONSE DEADLINE BY ONE DAY
Counsel for the United States hereby submit this unopposed motion, nunc pro tunc,
seeking a one-day continuance of the deadline by which the United States was ordered to file a
response to Defendant’s Motion to Dismiss the Indictment. As grounds for this request, the
parties submit the following:
1.

On July 24, 2018, the Defendant filed a motion to dismiss the indictment in this

cause. Doc. 101.
2.

On August 9, 2018, the Court granted the United States an unopposed extension

of its deadline to file a response to Defendant’s motion to dismiss. Doc. 104.
3.

On August 20, 2018, the United States sought a second unopposed extension of

its response deadline. Doc. 105. Therein, the United States sought an extension of two business
days. Id. The United States erroneously believed that this requested amount of time would
extend the deadline to August 21, 2018. In fact, the two business-day extension resulted in a
new filing deadline of August 20, 2018. Doc. 106.

The United States designated its last motion to extend as a “third” request for an extension. Doc. 105. That
designation was in error as the last motion was only the second request for an extension. See Docs. 103, 105.
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 Case 1:16-cr-02917-JAP Document 108 Filed 08/22/18 Page 2 of 2

4.

Due to this miscalculation, the United States’ response was not ready for filing

until August 21, 2018, and was in fact filed under seal2 on that date. Doc. 107.
5.

The United States regrets the tardy filing in this matter and respectfully requests

that the Court grant it a one-day extension and accept the filing that the United States already
submitted. Given that the extension is for a single-day it will not prejudice the Defendant or
cause further delay in this matter.
6.

Defense counsel indicates that he does not oppose this one-day extension.

Accordingly, for the foregoing reasons, the United States requests that the Court enter an
order granting the United States’ request for an extension, nunc pro tunc, of its response deadline
and accept the response filed by the United States on August 21, 2018.
Respectfully submitted,
JOHN C. ANDERSON
United States Attorney
Electronically filed 8/22/2018
NORMAN CAIRNS
SAMUEL HURTADO
Assistant United States Attorneys
P.O. Box 607
Albuquerque, New Mexico 87103
(505) 346-7274

I HEREBY CERTIFY that on August 22, 2018,
I filed the foregoing pleading electronically through
the CM/ECF system, which caused counsel of record
for Defendant to be served by electronic means.
Electronically filed on 8/22/18
Norman Cairns
Assistant United States Attorney

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The United States’ response identifies by name a number of uncharged subjects of the Surge investigation and
references the content of other sealed filings. For these reasons, the United States submitted its response under seal.

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