Free Motion to Exclude - District Court of Delaware - Delaware

I I if " ‘ Case 1 :07-cr—OOO66-GIVIS Document 23 Filed O9/05/2007 Page 1 of 3 I
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
I UNITED STATES OF AMERICA, )
Plaintiff, I I
v. ) Criminal Action No. 07-66-GMS
ERIC MOORE, , g I
‘ l Defendant. g
_ I I JOINT MOTION TO EXCLUDE TIME UNDER SPEEDY TRIAL ACT
NOW COMES the defendant Eric Moore, by and through his attorney, Dermis Caglia, Esquire, _
and the United States of America, by and through its attorney, Assistant United States Attomey
Edmond Falgowski, and j ointlyrequests the Court pursuant to IS U.S.C. § 3 1 6l(h)(8)(A), to exclude
under the Speedy Trial Act by 60 days the period of time within which the trial of the above-
U captioned matter must commence. In support of this motion, the parties submit as follows:
l. On May 10, 2007, the Grand Jury for the District of Delaware indicted the defendant on
U U charges relating to the making and passing of counterfeit notes.
U 2. On August _ 22, 2007, the United States advised Dennis Caglia, Esquire, counsel for
_ ‘ defendant, that the United States was prepared to refer the defendant to the Probation Department
for consideration of its Pretrial Diversion Program. United States Probation Officer Craig Carpenter
an presently is supervising the defendant on pretrial release and advises that it will take approximately
60 days for his office to resolve the defendant’s eligibility for the Program.

.- Case 1 :07-cr—OOO66-GIVIS - Document 23 Filed O9/05/2007 Page 2 of 3
3. The Speedy Trial Act provides that the Court can exclude delay on the basis that the ends .
of justice served by taking such action outweigh the best interest of the public and the defendant in
a speedy trial. 18 U.S.C. § 3 l6l(h)(8)(A).
WHEREFORE, the parties respectfully request that the Court exclude under the Speedy Trial
Act a period of 60 days from the date of this joint motion.
Respectfully submitted,
_ · . Se 0 7
Dennis Caglia, E ire
502 Swede Street
Norristown, Pennsylvania 19401
Attorney for Defendant Eric Moore
· COLM F. CONNOLLY
United»·States A.tt’orne
l A F [ A d
. t ` ----—- -7 -
B ‘ i .. ‘ I A
Edmond Falgows i
Assistant United State ·. vittorney
. Nemours Building, Sui · 700
P.O. Box 2046
Wilmington, Delaware 19899-2046
-Dated: Q-·» E; " 07

J hlll an l _A A- __._- iO7-cr-0003.6-GIVIS I- Document if Filed O9/05/2007 Page 3 of 3 g I
1N THE UNITED STATES DISTRICT COURT A
I _ FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, J I I
v. ) Criminal Action No. 07-66-GMS
ERIC MOORE, J
n Defendant. ` J
A O R D E R
Having considered the parties’ Joint Motion to Exclude Time Under the Speedy Trial Act
U pursuant to 18 U.S.C. § 3 l6l(8)(A),
IT IS HEREBY ORDERED this _ day of , 2007, that in the
_ interest of justice, the time within which trial in the above—captioned matter must commence shall
U be excluded for a period of sixty (60) from the date of the parties’ joint motion so that the United
States Probation Department may determine the defendant’s eligibility for the Pretrial Diversion
A ` Program. U `
J Chief Judge, United States District Court