Lin v. USA
Filing
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MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 12/20/2012 as to Jian Tian Lin ; all parties will file all subsequent documents pertaining to this action in docket number 3:12-CV-813-H, restyled as Jian Tian Lin v. United States; Clerk s hall enter the following documents, currently docketed under 3:06-CR-90-H, in the 3:12-CV-813-H docket: Motion to Vacate Final Judgment (DN 69), Motion for Extension of Time to File Response to Motion by the United States (DN 70), Order on 8/24/2012 granting Motion for Extension of Time (DN 71), Filing of Official Transcript of Change of Plea (DN 72), Motion for Extension of Time to File Response/Reply to Motion by the United States (DN 74), Order on 10/5/2012 granting Motion for Extension of Ti me to File Response (DN 75), Response to Motion by USA (DN 76), Motion for Extension of Time to File Response/Reply by Jian Tian Lin (DN 77), Order on 11/14/2012 granting Motion for Extension of Time (DN 79), and Reply to Response by Jian Tian Lin (D N 80). Petitioners writ of error coram nobis is SUSTAINED and that on or before January 11, 2013, Petitioner shall file a proposed final judgment in docket number 3:12-CV-813-H; On or before January 11, 2013, either party may request a hearing to determine appropriate proceedings and/or relief consistent with this order. (Attachments: # 1 DN69, # 2 DN70, # 3 DN71, # 4 DN72, # 5 DN74, # 6 DN75, # 7 DN76, # 8 DN77, # 9 DN79, # 10 DN80)cc:counsel (TLB)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
UNITED STATES OF AMERICA
PLAINTIFF
v.
CRIMINAL NO. 3:06CR-90-H
Filed Electronically
JIAN TIAN LIN
DEFENDANT
UNITED STATES’ UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO
DEFENDANT’S MOTION TO VACATE FINAL JUDGMENT
Comes the United States of America, by counsel, and respectfully moves this Honorable
Court for an extension of time to respond to Defendant’s Motion to Vacate Final Judgment. In
support of it’s motion, the United States would show this Honorable Court the following:
On July 3, 2012, the Defendant filed a Motion to Vacate Final Judgment. Soon after, the
undersigned AUSA had conversations with the Defendant’s attorney with reference to an
extension of time to respond, in addition to arranging a time so the parties could try and resolve
the issue. Unfortunately, at the time of these conversations, the undersigned AUSA was in the
middle of preparing for an 8 defendant marriage fraud conspiracy trial that was set for August
13, 2012. As a result, the undersigned AUSA did not make sure that the parties agreement to
extend time for the United States to respond was memorialized in writing and filed with the
court. The undersigned AUSA apologizes to the court for this oversight.
Upon reviewing the Defendant’s Motion to Vacate Final Judgement, the undersigned
AUSA will need to obtain transcripts of the change of plea and subsequent sentencing hearings
that were conducted in this case to properly address the issues in the Defendant’s Motion.
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Therefore, the United States is moving the court for a two week extension of time to respond to
Defendant’s Motion to Vacate Final Judgement, beginning from the time that the transcripts
become available to the United States.
Respectfully submitted,
DAVID J. HALE
United States Attorney
s/Daniel P. Kinnicutt
Daniel P. Kinnicutt
Assistant U.S. Attorney
717 West Broadway
Louisville, Kentucky 40202
(502) 582-5911
Fax: (502) 582-5067
CERTIFICATE OF SERVICE
I hereby certify that on August 22, 2012, I electronically filed the foregoing response
with the clerk of the court by using the CM/ECF system, which will send a notice of electronic
filing to the defendants attorneys in this case.
s/Daniel P. Kinnicutt
Daniel P. Kinnicutt
Assistant U.S. Attorney
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
UNITED STATES OF AMERICA
PLAINTIFF
v.
CRIMINAL NO. 3:06CR-90-H
Electronically Filed
JIAN TIAN LIN
DEFENDANT
ORDER
Upon the unopposed motion of the United States for an extension of time to respond to
Defendant’s Motion to Vacate Final Judgment, and the Court being otherwise sufficiently
advised,
IT IS HEREBY ORDERED AND ADJUDGED that the United States’ Motion for an
Extension of Time to Vacate Final Judgment, is GRANTED and the United States shall have
two weeks after the transcript of proceedings have been made available to the United States to
file their response.
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