Lin v. USA

Filing 1

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
LOUISVILLE DIVISION
INDICTMENT NO. 3:06CR-90-H
UNITED STATES OF AMERICA

PLAINTIFF

DEFENDANT'S MOTION TO EXTEND TIME
IN WHICH TO FILE REPLY MEMORANDUM

vs.

JIAN TIAN LIN

DEFENDANT
*** *** ***

Comes the Defendant, Jian Tian Lin, and respectfully requests this Court to enter an Order
granting him an extension of time in which to file his Reply to the Government's Response to the
Motion to Vacate the Final Judgment herein. As grounds therefore, undersigned counsel states as
follows:
1. Counsel has not had an opportunity to prepare the Defendant's Reply memorandum,
which is due on Monday, October 29, 2012.
2. Undersigned counsel is leaving the country early in the morning on Saturday, October
27th, and will not return until Saturday, November 3rd.
3. The Government was allowed almost 3 months to file a response to the Motion to Vacate,
which was filed on July 3rd, thus making the original Response date July 20, 2012. The
Government's Response was actually filed on October 12, 2012.
4. This case presents an important issue concerning the application of the holding of the
U.S. Supreme Court in Padilla v. Kentucky to the Defendant herein, who was not advised by his
counsel or the Court that removal (deportation) was a mandatory consequence of his offense of
conviction. Furthermore, Defendant is making a claim of actual innocence of his offense of

conviction.

Defendant is presently facing removal proceedings that would effectively and

permanently separate him from his wife, a legal resident, and his children, who are U.S. citizens.
Defendant submits that this Court should be fully apprised of both the facts and the law
regarding his motion, due to the severity of the collateral consequences of his plea, which were
unknown to him at the time of his plea and sentencing.
WHEREFORE, Defendant respectfully requests an extension of time to and including
November 23, 2012 in which to file his response.
Respectfully submitted,
/s/ C. Thomas Hectus__________________
C. Thomas Hectus
HECTUS•WALSH•BUCHENBERGER PLLC
2010 Edgeland Ave.
Louisville, Kentucky 40204
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Counsel for Defendant

CERTIFICATE OF SERVICE
I hereby certify that the original of the foregoing was electronically filed, on this the 26th
day of October, 2012, with the Clerk, United States District Court, Western District of Kentucky,
106 Gene Snyder U.S. Courthouse, 601 West Broadway, Louisville, Kentucky 40202, who will
electronically provide notice to the following:
Daniel Kinnicut, Esq.
Assistant United States Attorney
10th Floor
510 West Broadway
Louisville, Kentucky 40202
/s/ C. Thomas Hectus__________________
C. THOMAS HECTUS

2

Case 3:06-cr-00090-JGH-JDM Document 78 Filed 11/07/12 Page 1 of 1 PageID #: 318

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
INDICTMENT NO. 3:06CR-90-H
UNITED STATES OF AMERICA

PLAINTIFF

ORDER GRANTING DEFENDANT'S MOTION FOR
AN EXTENSION OF TIME TO FILE REPLY TO GOVERNMENT'S
RESPONSE TO MOTION TO VACATE FINAL JUDGMENT

vs.

JIAN TIAN LIN

DEFENDANT
*** *** ***

Upon motion of the Defendant, by counsel, and the Court being otherwise sufficiently
advised,
IT IS HEREBY ORDERED THAT the Defendant may file a Reply to the Government's
Response to the Defendant’s Motion to Vacate the Judgment herein on or before November 23,
2012.

JUDGE, U.S. DISTRICT COURT
DATE ENTERED: ______________________________

Hon. Daniel Kinnicutt
[ ]
Assistant United States Attorney
10th Floor
510 West Broadway
Louisville, Kentucky 40202
Counsel for United States of America
Hon. C. Thomas Hectus
[ ]
HECTUS·WALSH·BUCHENBERGER PLLC
2010 Edgeland Ave.
Louisville, Kentucky 40204
Counsel for Jian Tian Lin