1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

JOSEPH P. RUSSONIELLO (CSBN 44332) 

United States Attorney

BRIAN J. STRETCH (CSBN 163973) 

Chief, Criminal Division

JEFFREY RABKIN (CSBN 189798)

Assistant United States Attorney

450 Golden Gate Avenue, Box 36055

San Francisco, California 94102

Telephone: (415) 436-7167

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

PASQUALE IANNETTI,

Defendant. 

)

)

)

)

)

)

)

)

)

)

Crim. No. 09-850 (VRW)

UNITED STATES’ UNOPPOSED

MOTION AND PROPOSED ORDER

RE: DATE TO FILE OPPOSITION

TO DEFENDANT’S MOTION TO

SUPPRESS

Date: May 27, 2010

Time: 2:00 p.m.

This is an art fraud case. The defendant, who owned an art gallery in San

Francisco, has been charged with fraudulently selling counterfeit Miro prints. 

On March 19, 2010, the defendant filed a motion to suppress statements he made

to law enforcement on February 20, 2008. The gravamen of the defendant’s argument is

that his statements should be suppressed because he was in custody and had not been

advised of his Miranda rights. The government’s opposition brief is currently due on

April 27, 2010. The defendant’s reply is due on May 11, 2010 and the parties are

Case 3:09-cr-00850-VRW Document 21 Filed 04/22/10 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

 The parties currently expect the Court will, at that time, determine whether a further

evidentiary hearing is necessary to adjudicate the defendant’s motion.

2

scheduled to appear before your Honor to discuss the motion on May 27, 2010.1

As the Court is aware, until now the government has been represented by Assistant

United States Attorney Susan E. Badger. AUSA Badger previously sought an extension

of the government’s deadline to file an opposition to the defendant’s motion to suppress

due to the unexpected hospitalization of her mother. On April 20, 2010, I filed a notice of

appearance in this case as it currently appears that AUSA Badger may be required to take

a leave of absence in order to care for her mother. Until now, I have had no involvement

in the investigation or prosecution of this matter.

After reviewing the defendant’s motion and speaking with defense counsel, the

government respectfully requests that the Court permit the government to file its

opposition on May 4, 2010 (giving the government an additional week to respond). This

additional time will be helpful in that it will provide me with sufficient time to learn the

facts of the case, research the pertinent legal issues raised by the defendant’s motion and

draft an opposition brief. The defense has no objection to the government’s request, and

the parties do not currently believe that this modification of the briefing schedule will

require an extension of the defendant’s time to file a reply brief or a continuance of the

currently-scheduled May 27, 2010 hearing date on the motion.

 Respectfully submitted,

JOSEPH P. RUSSONIELLO 

United States Attorney

Dated: April 21, 2010 /s/ JEFFREY RABKIN

Assistant United States Attorney 

Case 3:09-cr-00850-VRW Document 21 Filed 04/22/10 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

IT IS SO ORDERED:

Dated: April __, 2010 Hon. Vaughn R. Walker

United States District Judge

22

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Judge Vaughn R Walker

Case 3:09-cr-00850-VRW Document 21 Filed 04/22/10 Page 3 of 3