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U.S. v. BIRCHLER

United States District Court, S.D. Illinois


October 24, 2005.

UNITED STATES OF AMERICA, Plaintiff,
v.
ROGER BIRCHLER, Defendant.

The opinion of the court was delivered by: MICHAEL REAGAN, District Judge

MEMORANDUM and ORDER

The undersigned Judge sentenced Defendant Birchler on October 7, 2005. Judgment was entered on October 13, 2005, and an amended judgment was entered on October 20, 2005.

At the conclusion of the sentencing hearing, the Court permitted Birchler to remain on bond, pending designation to a penal institution. By motion filed October 21, 2005, Birchler asks the Court to (a) extend his deadline for filing a notice of appeal and (b) extend the date by which he must report to the Bureau of Prisons (in effect, stay the execution of his sentence).

  The Court GRANTS IN PART and RESERVES RULING IN PART on Birchler's motion (Doc. 25). The motion is granted as to the request to extend the notice of appeal deadline, as the Court finds good cause to support the requested extension. Specifically, the parties are discussing a resolution of issues which would obviate the need for Birchler to file an appeal.

  Therefore, pursuant to Federal Rule of Appellate Procedure 4(b)(4), the Court EXTENDS to November 28, 2005 the deadline by which Birchler must file his notice of appeal. The Court reserves ruling on the portion of the motion (Doc. 25) which asks the Court to extend the date by which Birchler must report to the BOP.

  The Court SETS an in-court status conference to discuss the latter request at 11:00 a.m. on Friday, October 28, 2005. The United States Probation Officer should be present, as well as Defendant Birchler, his counsel, and counsel for the United States.

  IT IS SO ORDERED.

20051024

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