Free Motion for Waiver of Speedy Trial Act - District Court of Delaware - Delaware

Case 1 :07-cr—00066-GIVIS Document 25 Filed 11/07/2007 Page 1 of 4
1N THE UNITED STATES DISTRICT COURT · I
I FOR THE DISTRICT OF DELAWARE I
F II I I UNITED STATES OF AMERICA, I ) I I .
I I Plaintiff, - I
v. ) Criminal Action No. 07—66—GMS .-
ERIC MOORE, 3
I ‘ Defendant. § I
_ MOTION TO EXCLUDE TIME UNDER SPEEDY TRIAL ACT
NOW COMES the United States of America, by and through its undersigned attorney, and ,
I I requests the Court pursuant to 18 U.S.C. § 3 161 (h)(2), to exclude under the Speedy Trial Act by one
year the period of time within which the trial of the above—captioned matter must commence. In I
support of this motion, the United States submits the following: I
I l. Ou May l0, 2007, the Grand Jury for the District of Delaware indicted the defendant on
I chargesrelating to the making and passing of counterfeit notes.
l I 2. On or about August 22, 2007, the United States referred the defendant to the United States I
I I Probation Department for consideration of its Pretrial Diversion Program. On October 18, 2007,
‘ I United States Probation Officer Craig Carpenter advised that the defendant was a proper candidate I
I I for a period of 12 months pretrial diversion. _
_I I I 3. On November 5, 2007, the United States received from Dennis P. Caglia, Esquire, counsel
‘ ` for defendant, a four-page AGREEMENT FOR PRETRL/-XL DIVERSION, executed by Mr. Caglia
_ and his client. The term of the pretrial diversion is one year. ‘ I _

_ Case 1 :07-cr—00066-GIVIS Document 25 Filed 11/07/2007 Page 2 of 4
I 4. The Speedy Trial Act provides that the Court can exclude "{a]ny period of delay during
which prosecution is deferred by the attorney for the Government pursuant to written agreement with
. the defendant, with the approval of the Court, for the purpose of allowing the defendant to l
I _ demonstrate his good conduct." 18 U.S. C. § 3l6l(h)(2).
_ The UnitedStates has reviewed this motion with Dennis P. Caglia, Esquire, and he has
no objection to the motion.
I I _ WI-IEREFORE, the parties respectfully request that the Court approve the deferral by the
- Govermnent and exclude under the Speedy Trial Act a period of one year, or until such date as the
A I Pretrial Diversion Agreement may be revoked for non-compliance, whichever date may first occur. - A
I COLM F. CONNOLLY l
‘ · Unit 1 _ es Attorne / ‘
·=<·§I1i.. __ V ~ L u
. nl ond Falgowski ` _
‘ Assistant United States A • ey
_ Nemours Building, Suite *· 0 _
` P.O. Box 2046
- Wilmington, Delaware 19899-2046 1
l ‘ Dated:`(., ll /0-7 l l `S 1

- Case 1 :07-cr—00066-GIVIS Document 25 Filed 11/07/2007 Page 3 of 4 -
· ‘ IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
l )
· Plaintiff} )
-_ V. ) Criminal Action No. 07-66-GMS
. ‘ )
ERIC MOORE, )
) .
` Defendant. )
O R D E R
I · Having considered the Govemment’s Motion to Exclude Time Under the Speedy Trial Act
j l _ an pursuant to 18 U.S.C. § 316l(h)(2), in
IT IS HEREBY ORDERED this day of U , 2007, that the time _
within which trial in the above-captioned matter must commence shall be excluded for a period of 2
I one year, or until such date as the Pretrial Diversion Agreement may be revoked for non-compliance, ;
whichever date may first occur. ·
I an Honorable Gregory M. Sleet _
_ _ I Chief Judge, United States District Court

Case 1 :07-cr—00066-GIVIS Document 25 Filed 1 1/07/2007 Page 4 of 4
_ I CERTIFICATE OF SERVICE
UNITED STATES OF AMERICA )
) y
. v. ) Criminal Action No. 07-66-GMS
A 7 )
; _ ERIC MOORE, ) y
` )
. l Defendant. )
‘ I, Sharon Bernardo, an employee ofthe United States Attor11ey’s Office, hereby certify that on
l ` November 7, 2007, I electronically filed the foregoing:
i MOTION TO EXCLUDE TIME UNDER SPEEDY TRIAL ACT
I with the Clerk of the Court using the CMECF which will send notification of such filing and by
` causing two copies of said document to be placed in apostage prepaid envelope, placed in the United.
States Mail, and addressed to counsel of record as follows;
DENNIS P. CAGLIA, ESQUIRE
Z - _ 502 Swede Street
Norristown, PA 19401