IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA :

 CRIMINAL NO. 03-CR-745-1

 v. :

CIVIL NO. 11-CV-5051

JUAN ANTONIO GARCIA-VILLA :

O R D E R

AND NOW, this day of 2011, upon consideration of the

Government's Motion for an Extension of Time, it is hereby ORDERED that the Motion is

GRANTED and that the Government shall have sixty (60) additional days to file its response to

Defendant’s Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. The

Government’s response to defendant’s motion shall be filed on or before November 9, 2011.

BY THE COURT:

HONORABLE J. CURTIS JOYNER

UNITED STATES DISTRICT JUDGE
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA :

 CRIMINAL NO. 03-CR-745-1

 v. :

CIVIL NO. 11-CV-5051

JUAN ANTONIO GARCIA-VILLA :

MOTION FOR AN EXTENSION OF TIME

The United States of America, by the undersigned attorney, respectfully moves the

Court for a sixty (60) day extension of time to file its response to Defendant’s Motion to Vacate, Set

Aside, or Correct Sentence by a Person in Federal Custody. In support of this motion, the

Government avers as follows:

1. On October 4, 2004, the defendant pled guilty to all counts charged against him in

the indictment which are as follows: 

Count 1 - Conspiracy to distribute more than 50 grams of cocaine base (“crack”), in violation of

Title 21 U.S.C. § 846;

Count 2 - Distribution of more than 5 grams of cocaine base (“crack”), that is, approximately 27.7

grams, of cocaine base (“crack”), a Schedule II controlled substance, in violation of Title 21, United

States Code, Section 841(a)(1) and 841(b)(1)(B);

Count 3 - Aiding and abetting the distribution of more than 50 grams of cocaine base(“crack”), that

is approximately 56 grams of cocaine base (“crack”), a Schedule II controlled substance, in violation

of Title 21, United States Code, Section 841(a)(1) and 841(b)(1)(B), and 18 U.S.C. § 2;

Count 5 - Aiding and abetting the distribution of more than 5 grams of cocaine base (“crack”), that

is, approximately 27.8 grams of cocaine base (“crack”), a Schedule II controlled substance, in
violation of Title 21, United States Code, Section 841(a)(1) and 841(b)(1)(B), and 18 U.S.C. § 2;

Count 7 - Aiding and abetting the distribution of more than 5 grams of cocaine base (“crack”), that

is, approximately 46.1 grams of cocaine base (“crack”), a Schedule II controlled substance, in

violation of Title 21, United States Code, Section 841(a)(1) and 841(b)(1)(B), and 18 U.S.C. § 2;

Count 8 - Aiding and abetting the distribution of cocaine powder, that is, approximately 51.9 grams

of cocaine, a Schedule II controlled substance, in violation of Title 21, United States Code, Section

841(a)(1) and 841(b)(1)(C), and 18 U.S.C. § 2;

Count 9 - Aiding and abetting the possession with the intent to distribute heroin, that is,

approximately 65.6 grams of heroin, a Schedule I controlled substance, in violation of Title 21,

United States Code, Section 841(a)(1) and 841(b)(1)(C), and 18 U.S.C. § 2; and

Count 10 - Illegal re-entry into the United States by an alien who was previously deported, in

violation of 8 U.S.C. §§ 1326(a) and 1326(b)(2). 

2. On January 4, 2005, this Court sentenced the defendant to 240 months on all counts

of conviction to run concurrently. 

3. On July 9, 2009, the defendant filed a motion, pro se, for retroactive application of

sentencing guidelines to crack cocaine offenses. On September 14, 2009, this Court denied the

defendant’s motion. 

4. On August 9, 2011, the defendant filed a motion, pro se, to vacate, set aside or correct

his sentence pursuant to 28 U.S.C. § 2255.

5. On August 15, 2011, this Court ordered the Government to file its response on or

before September 9, 2011. 

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6. The government seeks an extension of time of sixty (60) days to respond to the

defendant’s motion. The appellant’s Motion raises four separate grounds for habeas relief, and thus

the Government requires significant time to prepare a response. Counsel for the Government is

currently preparing another 2255 response that is due to be filed on September 6, 2011. Counsel

therefore respectfully requests and additional sixty days (until November 9, 2011) to file the

required response.

7. As the appellant is proceeding pro se, counsel for the Government has not contacted

him regarding his position on this motion. The appellant is serving a sentence of 240 months. 

Therefore, this requested delay of sixty days will not result in any unfair prejudice to appellant.

WHEREFORE, the Government respectfully requests that the Court grant this motion

and enter the attached order for an extension of time of sixty days. 

Respectfully submitted,

ZANE D. MEMEGER

UNITED STATES ATTORNEY

s/Jeanine Linehan 

Jeanine Linehan

Assistant United States Attorney

DATE: August 31, 2011

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion for an Extension

of Time has been served via First Class Mail upon: 

Juan Antonio Garcia-Villa

Inmate Number 56886-066

FCI Big Spring - Texas

Federal Correctional Institution

Big Spring, Texas 79720

s/Jeanine Linehan 

Jeanine Linehan

Assistant United States Attorney

Date: August 31, 2011

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