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Criminal Resource Manual

23. Motion For Extension Of Time To Petition For Rehearing

IN THE UNITED STATE COURT OF APPEALS

FOR THE CIRCUIT

UNITED STATES OF AMERICA,

[Appellee or Appellant]

v. No.

[Name of Defendant],

[Appellee or Appellant]

GOVERNMENT'S MOTION FOR EXTENSION OF TIME WITHIN

WHICH TO FILE PETITION FOR REHEARING

The undersigned attorney for the United States, [appellee or appellant] in the above-captioned case, hereby moves for a 30-day extension of time within which to file a petition for rehearing in this case. The judgment in this case was entered on [date], and, unless the time is extended, a petition for rehearing would be due on or before [date]. The extension of time is necessary to allow the Office of the Solicitor General an opportunity to determine whether, and to what extent, the government will file a petition for rehearing en banc in this case. See 28 C.F.R. § 0.20(b). Accordingly, the government respectfully requests an extension of time to and including [date], within which to file a petition for rehearing.

Respectfully submitted.

[SIGNATURE BLOCK]