Whether the Tenth Circuit's affirmance of a criminal sentence warrants Supreme Court review due to counsel's professional scheduling constraints

No question identified. : To the Honorable Neil M. Gorsuch, Associate Justice of the Supreme Court of the United States and Circuit Justice for the Tenth Circuit: Petitioner Bobby Dale Simmons, by undersigned counsel, prays for a 30-day extension of time, to and including December 15, 2025, in which to file a petition for a writ of certiorari. In support of this request, counsel states as follows: 1. On August 15, 2025, the United States Court of Appeals for the Tenth Circuit affirmed Mr. Simmons’s sentence. (Attachment A.) 2. Mr. Simmons has ninety days from that date to file a petition for a writ of certiorari. Sup. Ct. R. 13.3. The petition is therefore due on November 13, 2025. This application is being filed at least ten days before that date. 3. The jurisdiction of this Court is invoked under 28 U.S.C. § 1254(1). 4. Undersigned counsel has had several competing professional commitments since the Tenth Circuit issued its decision in Mr. Simmons’s case. Specifically, counsel filed the supplemental opening brief in United States v. Cato, Tenth Cir. No. 24-5093, on September 2; the answer brief in United States v. McCarthy, Tenth Cir. No. 25-5026, on September 22; and the reply brief in United States v. Smith, Tenth Cir. No. 24-5088, on September 30. Counsel also argued before the Tenth Circuit in United States v. Kirby, Tenth Cir. No. 24-7070, on September 11. 5. In addition, counsel is responsible for the opening briefs in United States v. Cisneros, Tenth Cir. No. 25-1309 (currently due November 28) and in United States v. Beasley, Tenth Cir. No. 25-1282 (currently due November 28); the reply brief in United States v. Cato, Tenth Cir. No. 24-5093 (currently due November 20); and any petition for a writ of certiorari in United States v. White, Tenth Cir. No. 23-3122 (currently due December 22). Counsel is also scheduled for oral argument before the Tenth Circuit in United States v. Smith, Tenth Cir. No. 24-5088, on November 21. 6. Given their own current caseloads, as well as the work undersigned counsel has put into this case as counsel of record, no other attorney in the Office of the Federal Public Defender is in a position to file the petition by its current due date. OK For these reasons, Petitioner Bobby Dale Simmons, respectfully requests that an order be entered extending the time in which to petition for a writ of certiorari by 30 days, to and including December 15, 2025. See Sup. Ct. R. 13.5. Respectfully submitted, VIRGINIA L. GRADY Federal Public Defender LEAH D. YAFFE Assistant Federal Public Defender Counsel of Record for Petitioner 633 17th Street, Suite 1000 Denver, Colorado 80202 (303) 294-7002