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USA v. David Foley - Court of Appeals Docket 14-10055 Filed 10 Jun 14

USA v. David Foley - Court of Appeals Docket 14-10055 Filed 10 Jun 14

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Published by: scion_scion on Jun 11, 2014
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DENNIS P. RIORDAN (SBN 69320)dennis@riordan-horgan.comDONALD M. HORGAN (SBN 121547)don@riordan-horgan.comLAYLI SHIRANI (SBN 257022)RIORDAN & HORGAN523 Octavia StreetSan Francisco, CA 94102Telephone: (415) 431-3472Facsimile: (415) 552-2703Attorneys for Defendant-AppellantDAVID FOLEY UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUITUNITED STATES OF AMERICA, Plaintiff-Appellee, v. DAVID FOLEY, Defendant-Appellant. )))))))))) Ninth Cir. Nos. 14-10055, 14-10056[N. Dist. Nos. CR 09-00670 EJD, CR 11-00554 EJD]
Defendant-Appellant, David Foley, through his counsel, hereby moves theCourt for a 30-day extension of time, from the presently scheduled due date of June17, 2014, to and including July 17, 2014, to file his opening brief in this matter. Insupport of this motion, Dennis P. Riodan declares under penalty of perjury asfollows:1
Case: 14-10055 06/10/2014 ID: 9127340 DktEntry: 18 Page: 1 of 4
1. I am retained counsel for appellant David Foley in this matter.2. Mr. Foley was sentenced to a term of two years based on his convictionfor mail fraud in the district court. This court granted him release pending appealon May 12, 2014 and he remains at liberty pending resolution of this matter. 3. This motion is founded on the extraordinary press of business in thisoffice which will prevent our filing appellant’s opening brief by June 17, 2014. Specifically in the last six weeks our office has been required to file a sentencingmemorandum in connection with our appointed client’s federal court conviction,following a plea, for conspiracy to possess and distribute cocaine andmethamphetamine,
United States v. Melei
, No. Dist. No. 3:13-cr-00327-CRB; areply and related briefing in support of an appeal to the District Court for the Northern District of California from a judgment against our client in a federal bankruptcy proceedings,
 In Re: San Jose Airport Hotel, LLC, DBA Holiday Inn San Jose & Mobedshahi Hotel Group,
 No. Dist. No. CV 13-04634 EJD; and a reply insupport of a Ninth Circuit appeal challenging the district court’s denial of habeasrelief in connection with our client’s state court conviction for first degree murder,
 Lam v. Dickinson,
 Ninth Cir. No. 12-16128; an opening brief in support of anappeal challenging our client’s state court convictions for fraud and relatedoffenses arising out of an alleged real estate scheme,
 People v. Shah,
First App.Dist. No. A138475 (notice pursuant to California Rule of Court 8.360(c)(5) has2
Case: 14-10055 06/10/2014 ID: 9127340 DktEntry: 18 Page: 2 of 4
issued); an opening brief in support of an appointed appeal challenging our client’sconviction on two counts of first degree murder with multiple enhancementsresulting in a sentence of life without the possibility of parole plus 50 years,
 Peoplev. Wong 
, First App. Dist. No. A137584 (notice pursuant to California Rule of Court8.360(c)(5) has issued); and a court-ordered response to the state’s petition for awrit of certiorari as to a district court order and judgment, affirmed by the NinthCircuit, that granted our client habeas relief from his state court conviction for firstdegree murder,
Smith v. Lopez 
, Ninth Cir. No.12-55860.5. On today’s date I contacted Assistant United States Attorney SusanKnight to ask her position on this matter, but a voice-mail stated that she was out of her office until next week. 6. For the foregoing reasons, I respectfully request that the Court issue anorder extending the time for filing appellant’s opening brief to and including July17, 2014.Executed this 10th day of June, 2014, at San Francisco, California. /s/ Dennis P. Riordan Dennis P. Riordan 3
Case: 14-10055 06/10/2014 ID: 9127340 DktEntry: 18 Page: 3 of 4

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