Free Order to Show Cause - District Court of Delaware - Delaware

Case 1 :07-cr—00074-GIVIS Document 27 Filed 02/05/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff g
v. g Criminal Action No. 07-74 GMS
ELVIN DEMPSEY, JR. ;
Defendant. 5
ORDER
WHEREAS, on June 5, 2007, the Grand Jury for the District of Delaware returned a three
count Indictment against Elvin Dempsey, Jr. ("Dempsey");
WHEREAS, on November 8, 2007, the defendant filed a motion to suppress evidence (D.I.
I 6);
WHEREAS, on January 17, 2008, the court convened a hearing on the defendant’s motion;
WHEREAS, the defendant had previously subpoenaed two witnesses to testify on his behalf
at the hearing;
WHEREAS, the issued subpoenas contained an error, to wit., they directed the witnesses to
the wrong courtroom;
WHEREAS, as a result, one of the witnesses was not present for the hearing;
WHEREAS, the court continued the hearing so that the defendant could properly subpoena
the witness; and
WHEREAS, as of the date of this Order, the defendant has not reissued the subpoena;

Case 1:07-cr—00074-GIVIS Document 27 Filed 02/05/2008 Page 2 of 2
IT IS HEREBY ORDERED that:
l. The defendant shall show cause, within ten (l0) days of the date of this Order, as to
why the court should not decide the motion to suppress on the present record.
Y" ER
Dated: February 1 , 2008 (
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