MOTION TO ENLARGE TIME FOR ORAL ARGUMENT OR IN

							                       IN THE UNITED STATES COURT OF APPEALS
                                FOR THE FIFTH CIRCUIT


UNITED STATES OF AMERICA                      §
                                              §
VS.                                           §
                                              §
__________                                    §              No. ___________
__________                                    §
__________                                    §
__________                                    §
__________                                    §
__________                                    §
Appellants                                    §


    MOTION TO ENLARGE TIME FOR ORAL ARGUMENT
  OR IN THE ALTERNATIVE, FOR DESIGNATION OF ISSUES
           TO BE ARGUED BEFORE THE COURT

       Oral argument is scheduled in this appeal for Tuesday, May 5, 1998, at 9:00 a.m. Thirty

minutes argument per side has been allocated. Appellant, ____________ moves this Court for

additional time for argument. In the alternative, Appellant requests designation of the issues to be

argued before this Court, and would show: In the alternative, Appellant requests designation of the

issues to be argued before this Court and would show:

                                                  I.

       Counsel for _______________ has spoken with each of the attorneys representing the other

Appellants in this cause. Each attorney intends to argue one or two points. Each attorney concurs

that the presently allocated 30 minutes divided between the remaining five Appellants will be

inadequate time to give more than summary treatment to the issues. Appellants request that this

Court extend the time for arguments to 60 minutes, thus affording each Appellant 12 minutes to

present argument/rebuttal.
                                                  II.

          There are no joint issues which are to be argued. Appellants submit that additional time is

necessary to ensure that the issues in this appeal are adequately covered. As presently scheduled,

each Appellant would only have 6 minutes in which to present their argument.

                                                  III.

          In the alternative, and without waiving the foregoing, Appellants request the Court to

designate which issues it wishes to hear at argument so that counsel can adequately prepare for oral

argument on these specific issues.

          WHEREFORE, Appellants jointly submit that they have shown good cause why this Court

should enlarge the time for oral argument in this cause and request the order of this Court granting

this motion. In the alternative, Appellants jointly request that the Court designate which issues it

wants presented at the time of oral argument.

                                               Respectfully submitted,

                                               IRA R. KIRKENDOLL
                                               Federal Public Defender
                                               Northern District of Texas


                                               SAM OGAN
                                               Assistant Federal Public Defender
                                               500 S. Taylor, Suite 110
                                               Amarillo, Texas 79101
                                               Phone (806) 324-2370
                                               Fax (806) 324-2372
                                               Texas Bar No. 15224750

                                               ATTORNEY FOR APPELLANT,
                                               ________________

O:\appeal\martinez.enl
                             CERTIFICATE OF CONFERENCE

        On April 22, 1998, I called Richard A. Friedman, Appellate Section of the Department of
Justice in Washington, D.C. However, as of the time of the filing of this Motion, I have been unable
to confer with Mr. Friedman.



                                                     SAM OGAN


                                 CERTIFICATE OF SERVICE


       Service of the foregoing Motion to Enlarge Time for Oral Argument was made by mailing

a copy to Richard A. Friedman, Appellate Section, Criminal Division, Room 6122, Department of

Justice, 601 D Street, NW, Washington, DC 20530-0001, on this 22nd day of April, 1998.



                                                     SAM OGAN
                                     FEDERAL PUBLIC DEFENDER
                                       Northern District of Texas

SAM OGAN                                                                     500 S. Taylor, Suite 110
Assistant Federal Public Defender                                             Amarillo, Texas 79101
-----------------------------------------                                      Phone (806) 324-2370
Board Certified Specialist                                                       Fax (806) 324-2372
Criminal Law

April 22, 1998


Mr. Charles R. Fulbruge, III
Office of the Clerk
5th Circuit Court of Appeals
600 Camp Street
New Orleans, LA 70130

                                                        RE:    USA vs. _____________, et al


Dear Mr. Fulbruge:

     Enclosed are the original and three (3) copies of the Motion to Enlarge Time for Oral
Argument which I ask that you please file in the above referenced case.

          Please advise me of the Court's decision in this regard.

                                                        Sincerely,



                                                        Sam Ogan

SO/sb

Enclosures