UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

UNITED STATES OF AMERICA )

)

Appellee, )

)

v. ) CASE NUMBER:

)

LOUIS xxxxxxx, RALPH xxxxxxx, )

MARCELLUS xxxxxxx, )

)

Appellants. )

JOINT UNOPPOSED MOTION FOR LEAVE

TO FILE MOTION FOR EXTENSION OF TIME

Appellants respectfully request leave to file a motion for extension of time to file appellants' briefs, outside the 10 days provided by Rule 27(h)(1) of the Rules of the United States Court of Appeals for the District of Columbia Circuit (Circuit Rules). As grounds for this Motion appellant states the following:

1. As stated in appellant's Motion for an Extension of Time Within Which To File Appellants' Brief, lodged herewith, appellants require additional time to prepare complete and thorough briefs on the issues presented by the proceedings against appellants in the trial court.

2. Appellants' failure to file a motion to extend the filing time at least ten days before the current due date is the result of counsel's good faith efforts to complete and file appellants' briefs within the original deadline. It was only within the last two days that counsel determined that they would need an extension of time to complete the briefs and appendix.

3. Pursuant to Circuit Rule 27(h)(1), counsel for appellants contacted John Fisher, Chief, Appellate Division, United States Attorney for the District of Columbia, counsel for appellee, who advised counsel that he does not oppose this request.

WHEREFORE, appellants respectfully requests that the Court grant their Motion for Leave to file this motion for an extension of time.

Respectfully submitted,

A.J. KRAMER

FEDERAL PUBLIC DEFENDER

Reita Pendry

Assistant Federal Public Defender

625 Indiana Ave., N.W., Suite 550

Washington, D.C. 20001

(202) 208-7500

Counsel for Ralph xxxxxxx

Thomas Corcoran, Esquire

1101 17th Street, NW

Suite 1100

Washington, DC 2036

Counsel for Louis xxxxxxx

Richard Seligman, Esquire

601 Indiana Avenue, NW

Suite 910

Washington, DC 20004

Counsel for Marcellus xxxxxxx

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Motion has been served by first class, postage prepaid mail, to counsel for appellee, John Fisher, Assistant United States Attorney, 555 Fourth Street, N.W., Washington, D.C. 20001, this 14th day of May, 1998.

Reita Pendry