Free Motion for Extension of Time to File - District Court of Delaware - Delaware

` I A Case 1 :07-mj-00119-IVIPT Document 7 Filed 08/06/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff g
vs. J Criminal Action No. 07-1 19M-MPT
ALFONSO TREJO-PONCE, )
Defendant. 3
JOINT MOTION TO EXCLUDE TIME UNDER SPEEDY TRIAL ACT
NOW COMES the defendant Alfonso Trejo—Ponce, by and through his attorney, Assistant
Federal Public Defender Cathy A. Jenkins, Esq., and the United States of America, by and
through its attomey, Assistant United States Attorney Robert F. Kravetz, and jointly requests the
Court pursuant to Federal Rule of Criminal Procedure 45(b), Local Rule 5(a), and 18 U.S.C. §§
3l61(b) & (h)(8)(A), to extend by thirty days the period of time for filing of an Indictment, and to
exclude such time under the Speedy Trial Act. In support of this motion, the parties submit as
follows:
1. The defendant was charged by criminal complaint dated June 29, 2007. The
government filed a motion for pretrial detention, which the defendant did not contest. On July
11, 2207, this court ruled on the Govemment’s motion and issued an order of detention pending
trial. .
2. The defendant has infonned the Government that he would like to waive
Indictment and plead guilty to a felony Information. ln order to facilitate that cooperation, the
parties respectfully request an additional thirty—day extension in the time period for the
cprerrrmfn e · ctment in this matter in order to facilitate the defendant’s request.
AUG 5 2007
_____

“ _ Case 1 :07-mj-00119-IVIPT Document 7 Filed 08/06/2007 Page 2 of 2 _
Trial Act challenge to the thirty—day requirement for the Government to file an Indictment in this
matter under 18 U.S.C. § 3161(b). The parties request that the additional thirty-day extension of
time be excluded under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(8)(A).
4. The parties assert that the ends of justice would be served by an additional thirty-
day continuance in filing the Indictment in this matter, given the nature of the defendant’s request
to plead guilty to a felony Information.
Respectfully submitted,
, , Qp%<~~%/S/@—4r
-·=' (-,· —
Cathy A. Jenkins, Esq. J Al Robert F. Kravetz, Esq. I
Assistant Federal Public D nder Assistant United States Att ey
First Federal Plaza District of Delaware
704 King Street, Suite 110 Nemours Building
Wilmington, DE 19801 1007 Orange Street, Suite 700
Attorney for Defendant Wilmington, DE 19899
Dated: July 31, 2007
2