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United States v. Rollins

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 20, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAMES E. ROLLINS, JR., ET AL, DEFENDANTS.

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

ORDER

Before the Court is defendant Rollins, Jr.'s Motion for Extension of Time to File Motion for New Trial (Doc. 404). Rollins, Jr. requests this additional time in order to more fully investigate and prepare such Motion. Pursuant to Federal Rule of Criminal Procedure 33(b)(2), "any motion for a new trial grounded on any reason other than newly discovered evidence must be filed within 7 days after the verdict or finding of guilty." However, the Court may permit an extension of time under Federal Rule of Criminal Procedure 45(b).

The above-case amounted to a lengthy trial, involving Rollins, Jr. and four other co-defendants. Undoubtedly, for counsel to review the record of the trial, in order to identify, research and argue grounds in support of a new trial will likely require more time than the statutory 7 days given under Rule 33(b)(2). While the Motion does not state the Government's position, the Court notes that in a similar Motion filed by defendant John Frost (Doc. 403), requesting the same relief, the Government did not object. Therefore, for good cause shown, defendant Rollins, Jr.'s Motion (Doc. 404) is GRANTED. Defendant Rollins, Jr. shall have until March 22, 2007 to file his Motion for New Trial.

IT IS SO ORDERED.

David RHerndon United States District Judge

20070220

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