Delbosque v. USA, No. 4:2005cv04172 - Document 2 (D.S.D. 2005)

Court Description: MEMORANDUM OPINION AND ORDER signed by Judge Lawrence L. Piersol on 10/27/05; if defendant wants to have the motion for out of time appeal construed as a motion to vacate, set aside or correct the sentence pursuant to 28:2255 he shall so inform the Court on or before 11/28/05 or the motion will be denied (original filed 10/27/05 in CR04-40114)(SKM)