Appeal: 16-4193

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IN THE UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT
No. 16-4193

UNITED STATES OF AMERICA,

Plaintiff-Appellee,
v.
DONALD L. BLANKENSHIP,
Defendant-Appellant.
UNITED STATES MOTION FOR THREE-DAY EXTENSION OF TIME
TO RESPOND TO DEFENDANTS MOTION FOR RELEASE PENDING
APPEAL, OR, IN THE ALTERNATIVE, TO REQUIRE DEFENDANT TO
COMPLY WITH 20-PAGE LIMIT
The United States moves for a three-day extension of time to respond to
Defendant-Appellant Blankenships (Defendant) Motion for Release Pending
Appeal. Defendants motion is 33 pages long, substantially exceeding the standard
limit of 20 pages. See Fed. R. App. P. 27(d)(2). Indeed, the motion exceeds even
the 30-page limit for an appellants principal brief. See Fed. R. App. P. 32(a)(7).
Because the motion is so long, a short period of additional time is required to
respond to it properly. The extension of three days would be consistent with Rule
27(a)(3)(A) of the Federal Rules of Appellate Procedure, which generally allows
10 days to respond to motionseven motions that comply with the standard 20-

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page limit. The 10-day total response period sought in this motion would, of
course, be substantially shorter than the 21 days allowed to respond to a principal
brief in a criminal case, to which Defendants motion is comparable in length. See
4th Cir. R. 31(a).
The requested extension would not prejudice Defendant. The parties today
were informed that Defendant will not be required to surrender to federal custody
until May 12, 2016. The requested three-day extension would make the United
States response due Monday, April 25, 2016. See Fed. R. App. P. 26(a)(1)(C)
(deadline that falls on a weekend is extended until the end of the following
business day). Accordingly, the requested three-day extension would leave
approximately two-and-a-half weeks between the filing of the United States
response and the date set for Defendants surrender. This being the case, there is no
emergency that would preclude the United States request for a brief extension to
respond to Defendants unusually long motion.
Pursuant to Fourth Circuit Rule 27(a), the United States has informed
counsel for Defendant of the intended filing of this motion. Counsel for Defendant
has responded that Defendant takes no position on the United States motion.

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Motion in the Alternative

If the court denies the United States motion for extension of time, the
United States moves, in the alternative, that the court order Defendant to withdraw
his motion and substitute a motion that complies with the 20-page limit established
in Rule 27(d)(2) of the Federal Rules of Appellate Procedure. There being no
emergency, it would be needlessly unfair to permit Defendant to exceed so
substantially the page limit for a motion unless the United States is permitted a
brief period of additional time to respond to the longer motion.

Respectfully submitted,
CAROL A. CASTO
Acting United States Attorney
By:
/s/ Steven R. Ruby
STEVEN R. RUBY
Assistant United States Attorney
WV Bar No. 10752
300 Virginia Street, East
Room 4000
Charleston, WV 25301
Telephone: 304-345-2200
Fax: 304-347-5104
Email: steven.ruby@usdoj.gov

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CERTIFICATE OF SERVICE
It is hereby certified that service of the foregoing "United States Motion for
Three-Day Extension of Time to Respond to Defendants Motion for Release
Pending Appeal, or, in the Alternative, to Require Defendant to Comply with 20Page Limit " has been electronically filed and service has been made on opposing
counsel by virtue of such electronic filing on this 20th day of April, 2016, to:

William W. Taylor, III

Michael R. Smith
Eric R. Delinsky
Zuckerman Spaeder LLP
1800 M Street, NW, Suite 1000
Washington, DC 20036

/s/ Steven R. Ruby

STEVEN R. RUBY
Assistant United States Attorney
WV Bar No. 10752
300 Virginia Street, East
Room 4000
Charleston, WV 25301
Telephone: 304-345-2200
Fax: 304-347-5104
Email: steven.ruby@usdoj.gov