DOJ-OGR-00020604.pdf

Case 22-1426, Document 40, 01/12/2023, 3451920, Page3 of 4 deadline of January 30, 2023, is the difficulty we have had communicating with our client who is incarcerated in Tallahassee, Florida, with limited phone access. 8. We have been working diligently on this case and have identified several issues that we believe merit appellate review. However, there is still considerable work to be done. We find that we need an additional month beyond the current deadline to complete this important work responsibly. 9. We believe that the above represents extraordinary circumstances that justify the relief sought. Denial of this application would cause irreparable harm to our client. 10. Assistant United States Attorney Andrew Rohrbach informed me today that Respondent United States Attorney's Office of the Southern District of New York does not object to the Court granting our motion for an additional one-month extension of time to file Appellant's brief. 11. We respectfully request that the Court extend our time to file our brief to February 28, 2023. We are cognizant that the Court warned that "[f]urther extensions of time will be disfavored." For this reason, we request only the additional time that we believe is absolutely necessary in order to effectively represent our client. WHEREFORE, it is respectfully requested that this Court issue an Order granting Appellant's motion in its entirety, and for such other and further relief as this Court deems just and proper. Dated: January 12, 2023 New York, New York Respectfully Submitted, AIDALA, BERTUNA & KAMINS, PC By: JOHN M. LEVENTHAL, ESQ. (Ret.) Attorney for Defendant-Appellant 2 DOJ-OGR-00020604