Free Motion to Exclude - District Court of Delaware - Delaware

I _ Case 1 :07ecr-00089-JJF Document 28 · Filed 01/31 /2008 Page 1 of 3 _
I `IN THE UNITED STATES DISTRICT COURT- _ I
A . 3 FOR THE DISTRICT OF DELAWARE I
I UNITED STATES OF AMERICA, n f I I I ' A I I I I
. U _ l l ` n - U Plaintiff, A
v. is Criminal Case N0. 07-89 -JJF . _ I
p . MARZETTE KING, . j · I ·
l _ I . A A Defendant. U A U . I
- JOINT MOTION TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT I
n _ The United States of America, by. its attorneys, Colm F. Connolly, United States Attorney
-` I for the District of Delaware, and Martin C. Meltzer, Special Assistant United States Attorney, - Q I
_ U ‘- Luis Ortiz, Esq.,'counse1_for defendant Marzette King, respectfully request to exclude the
_ time for January 3 1, 2008 to April 15, 2008 in computing the time within which the trial must
._ commence, pursuant to 18 U.S.C.§ 3161(c)(1). In support of this motion, the parties aver as I .
. _ as . follows: ` - A
l ‘ 1. Pursuant to a motion filed by the Government a scheduling conference washeld U
" ‘ on January 11,2008. ` l S ‘ U ‘ _
_. I . in I A 2. At the scheduling conference the Court set trial for the above referenced matter
Q for April 15, 2008. The Court did not place on the record that the time from the scheduling _
U . . _- conference until trial will be excluded in the interest of justice. I _ .
3. The trial must be commenced within Seventy (70)_days from indictment pursuant I -
up · ‘ to 18- U.S.C.§ 3161(c). That time inathis case will conclude on February 18, 2008. ` I · p

` Case 1 :07-cr-00089-JJF Document 28 Filed 01/31/2008 Page 2 of 3
· 4. The defendant, through counsel, explicitly waives any and all rights involving a l
speedy trial pursuant to 18 U.S.C. -§ 3l61(c)(l) _ l `
l . 5. J The Defense Counsel and the Government request that the time from January 31, g
2008 to April 15, 2008, the commencement of trial, be excluded in the interest of justice. _
WHEREFORE, it isrespectfully submitted by the parties thatgthe ends of justice are l
served by excluding the time from January 31, 2008 to April 15, 2008, in computing the time a g
_ within which the trial must commence, pursuant to 18 U.S.C.§ 3l61(c)t1). A proposed Order is
attached. U _ . _
l _ Respectfully submitted, _
- I - COLM F. CONNOLLY ‘
- ‘ ‘ United States Attorney · . g
. Luis Ortiz, Esq. Martin C. Meltzer
Attorney for Defendant Special Assistant United States Attorney g
Dated: January 31, 2008 ‘ i
_ _ ` _2_ .` _ Q

Case 1 :07-cr-00089-JJF Document 28 Filed 01/31 /2008 Page 3 of 3 . n I I
· IN THE UNITED STATES DISTRICT.COURT
FOR THE DISTRICT OF DELAWARE
_ UNITED STATES OF AMERICA, : I I I
I _` I -- Plaintiff, · ‘ I I
· ‘ v. Criminal Case N0. 07-89-JJF ‘
·, MARZETTE KING, `
Defendant. I _ I
A I ORDER S S S
. ‘ I U l And now, this day of 2008, the Court hndsl that, for the reasons
- l. stated-in the JOINT MOTION TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT, the n
l l ends of justice will be served by excluding the time irom January 31, 2008 through April I5, U
2008, pursuant to Title 18-, United States Code, Section 3 I6I(h).
IT IS HEREBY ORDERED that the JOINT MOTION TO EXCLUDE TIME UNDER
. THE SPEEDY TRIAL ACT is granted and the time from January 31, 2008 through April I5, l
‘ 2008, will be excluded in computing the time within which the trial must commence, I it
I Iil- ·. A _ I y . .
U U _ - United States District Court - ‘