DENNIS P.

RIORDAN (SBN 69320)

dennis@riordan-horgan.com
DONALD M. HORGAN (SBN 121547)
don@riordan-horgan.com
LAYLI SHIRANI (SBN 257022)
RIORDAN & HORGAN
523 Octavia Street
San Francisco, CA 94102
Telephone: (415) 431-3472
Facsimile: (415) 552-2703
Attorneys for Defendant-Appellant
DAVID FOLEY
UNITED STATES COURT OF APPEAL
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,

Plaintiff-Appellee,
v.
DAVID FOLEY,
Defendant-Appellant.

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Ninth Cir. Nos. 14-10055, 14-10056
[N. Dist. Nos. CR 09-00670 EJD,
CR 11-00554 EJD]
MOTION FOR EXTENSION OF
TIME TO FILE APPELLANTS
OPENING BRIEF
Defendant-Appellant, David Foley, through his counsel, hereby moves the
Court for a 30-day extension of time, from the presently scheduled due date of June
17, 2014, to and including July 17, 2014, to file his opening brief in this matter. In
support of this motion, Dennis P. Riodan declares under penalty of perjury as
follows:
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Case: 14-10055 06/10/2014 ID: 9127340 DktEntry: 18 Page: 1 of 4
1. I am retained counsel for appellant David Foley in this matter.
2. Mr. Foley was sentenced to a term of two years based on his conviction
for mail fraud in the district court. This court granted him release pending appeal
on May 12, 2014 and he remains at liberty pending resolution of this matter.
3. This motion is founded on the extraordinary press of business in this
office which will prevent our filing appellants opening brief by June 17, 2014.
Specifically in the last six weeks our office has been required to file a sentencing
memorandum in connection with our appointed clients federal court conviction,
following a plea, for conspiracy to possess and distribute cocaine and
methamphetamine, United States v. Melei, No. Dist. No. 3:13-cr-00327-CRB; a
reply and related briefing in support of an appeal to the District Court for the
Northern District of California from a judgment against our client in a federal
bankruptcy proceedings, In Re: San Jose Airport Hotel, LLC, DBA Holiday Inn San
Jose & Mobedshahi Hotel Group, No. Dist. No. CV 13-04634 EJD; and a reply in
support of a Ninth Circuit appeal challenging the district courts denial of habeas
relief in connection with our clients state court conviction for first degree murder,
Lam v. Dickinson, Ninth Cir. No. 12-16128; an opening brief in support of an
appeal challenging our clients state court convictions for fraud and related
offenses arising out of an alleged real estate scheme, People v. Shah, First App.
Dist. No. A138475 (notice pursuant to California Rule of Court 8.360(c)(5) has
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issued); an opening brief in support of an appointed appeal challenging our clients
conviction on two counts of first degree murder with multiple enhancements
resulting in a sentence of life without the possibility of parole plus 50 years, People
v. Wong, First App. Dist. No. A137584 (notice pursuant to California Rule of Court
8.360(c)(5) has issued); and a court-ordered response to the states petition for a
writ of certiorari as to a district court order and judgment, affirmed by the Ninth
Circuit, that granted our client habeas relief from his state court conviction for first
degree murder, Smith v. Lopez, Ninth Cir. No.12-55860.
5. On todays date I contacted Assistant United States Attorney Susan
Knight to ask her position on this matter, but a voice-mail stated that she was out of
her office until next week.
6. For the foregoing reasons, I respectfully request that the Court issue an
order extending the time for filing appellants opening brief to and including July
17, 2014.
Executed this 10th day of June, 2014, at San Francisco, California.
/s/ Dennis P. Riordan
Dennis P. Riordan
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CERTIFICATE OF SERVICE
When All Case Participants are Registered for the
Appellate CM/ECF System
I hereby certify that on June 10, 2014 I electronically filed the foregoing with the
Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by
using the appellate CM/ECF system.
I certify that all participants in the case are registered CM/ECF users and that
service will be accomplished by the appellate CM/ECF system.
Signature: /s/ Jocilene Yue
Jocilene Yue
******************************************************************
CERTIFICATE OF SERVICE
When Not All Case Participants are Registered for the
Appellate CM/ECF System
I hereby certify that on , I electronically filed the foregoing with the
Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by
using the appellate CM/ECF system.
Participants in the case who are registered CM/ECF users will be served by the
appellate CM/ECF system.
I further certify that some of the participants in the case are not registered
CM/ECF users. I have mailed the foregoing document by First-Class Mail,
postage prepaid, or have dispatched it to a third party commercial carrier for
delivery within 3 calendar days to the following non-CM/ECF participants:
Signature:
Jocilene Yue
Case: 14-10055 06/10/2014 ID: 9127340 DktEntry: 18 Page: 4 of 4