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

Case 1:07-cr-00060-GMS

Document 33

Filed 09/28/2007

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. DAVID HANCOCK and MIGUEL ALCANTARA, Defendants. : : : : : : : : : :

Criminal Action No. 07 ­60 GMS

MOTION FOR EXCLUSION OF TIME UNDER SPEEDY TRIAL ACT NOW COMES the United States through counsel, and respectfully state as follows: 1. 2. On September 28, 2007, the Court held a scheduling conference in this matter. At the scheduling conference, counsel for defendant Alcantara indicated that

defendant Alcantara might plead guilty. The Court set a tentative change of plea date for October 30, 2007. 3. At the scheduling conference, counsel for defendant Hancock indicated that

defendant Hancock would likely go to trial. Counsel for defendant Hancock advised the Court that he would not be able to try the case before January 1, 2008. The Court set a trial date for January 14, 2008. 4. The government requests that, in the interest of justice, 18 U.S.C. §3161(h)(8)(A),

the Court extend the Speedy Trial Act deadline until the date of the trial, and find that the ends of justice (i.e., the prospect that some of the pending charges will be resolved without the necessity for a trial, and because counsel for defendant Hancock will not be able to try the case before

Case 1:07-cr-00060-GMS

Document 33

Filed 09/28/2007

Page 2 of 5

January, 2008) served by such an exclusion would outweigh the best interest of the public and the defendants in a speedy trial. WHEREFORE, the government requests an exclusion of time under the Speedy Trial Act for the reasons stated.

COLM F. CONNOLLY United States Attorney

By: /s/ Douglas E. McCann Douglas E. McCann Assistant United States Attorney Dated: September 28, 2007

2

Case 1:07-cr-00060-GMS

Document 33

Filed 09/28/2007

Page 3 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. DAVID HANCOCK and MIGUEL ALCANTARA, Defendants. : : : : : : : : : :

Criminal Action No. 07 ­60 GMS

ORDER WHEREAS, on September 28, 2007, the Court held a scheduling conference in this matter; WHEREAS, at the scheduling conference, counsel for defendant Alcantara indicated that defendant Alcantara might plead guilty. The Court set a tentative change of plea date for October 30, 2007; WHEREAS, at the scheduling conference, counsel for defendant Hancock indicated that defendant Hancock would likely go to trial. Counsel for defendant Hancock advised the Court that he would not be able to try the case before January 1, 2008. The Court set a trial date for January 14, 2008; NOW THEREFORE, IT IS HEREBY ORDERED this ___ day of ______________, 2007, that because the Court finds that the ends of justice (i.e., the prospect that some of the pending charges will be resolved without the necessity for a trial, and because counsel for defendant Hancock will not be able to try the case before January, 2008) are served by an exclusion of time under the Speedy Trial Act, and because the Court finds that such an exclusion for the reasons cited outweigh the best interest of the public and the defendants in a speedy trial,

Case 1:07-cr-00060-GMS

Document 33

Filed 09/28/2007

Page 4 of 5

the Court excludes the time from the date of this Order until January 14, 2008, in the interests of justice, 18 U.S.C. §3161(h)(8)(A).

_________________________________ HONORABLE GREGORY M. SLEET UNITED STATES DISTRICT JUDGE

2

Case 1:07-cr-00060-GMS

Document 33

Filed 09/28/2007

Page 5 of 5

CERTIFICATE OF SERVICE I, Douglas E. McCann, hereby certify that on September 28, 2007, I caused the foregoing MOTION FOR EXCLUSION OF TIME UNDER SPEEDY TRIAL ACT to be served on the following counsel in the manner indicated: BY FIRST CLASS MAIL Michael F. Giampietro, Esquire 239 S. Camac Street Philadelphia, PA 19107 Attorney for David Hancock BY CM/ECF Eleni Kousoulis, Esquire Federal Public Defender's Office First Federal Plaza, Suite 110 704 King Street Wilmington, DE 19801 (302) 573-6010 Email: [email protected] Attorney for Miguel Alcantara /s/ Douglas E. McCann Douglas E. McCann