Free Motion to Continue - District Court of Delaware - Delaware

i i in I ,' i if F nlnl 15 Filed 0S/O3/2007 i Rage of 4 I in I I I I
. IN THE UNITED STATES DISTRICT COURT
· FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
I · Plaintiff g
i i v.` i Criminal Action No. 07-55-JJF
BRANDON TANN, I g
I .` I Defend_ant. I 3 g _
I GOVERNMENT’S MOTION FOR A CONTINUAN CE i
I NOW COMES, the United States of America, by and through its undersigned attorneys, Colm F.
Connolly, United States Attorney for the District of D elaware, and Martin C. Meltzer, Special Assistant
. United States Attomey for the District of Delaware, and hereby respectfully requests that the Court grant
its Motion for a Continuance of the hearing on the def`endant’s motion to suppress in the above case.
. I I The Government respectfully submits the following in support of its motion.
1. On Friday, July 27, 2007, the Government’s attorney received notice that the hearing on the
def`endant’s motion to suppress is to be held on August 22, 2007. I I
2. _The Govermnent’s attorney immediately began to contact gove1nment’s witnesses, which
consists of several Wilmington Police Officers, in order to ensure their availability. I
. i 3. The Governmentis attorney learned that one ofthe witnesses that the government intends to
i call at the suppression hearing, who is a significant witness in support ofthe Government’s argument,
_ will not be available on August 22, 2007. The witness will be on an out-of-state prepaid vacation for _
i several Weeks. i.
4. This Witness is important to the Government’s presentation because he is the individual who
received the call from the confidential informant who actually p_rovided the defendant’s identify, his _

Case 1 :07-cr-00055-JJF Document 15 Filed 08/O3/2007 Page 2 of 4
location, what he was wearing, and the description of the firearm possessed by the defendant. The
witness is also familiar with the past proven reliability of the informant. n
5. Accordingly, the government requests that the hearing be continued to permit the witness to
appear. ‘ I
l 6. The government has consulted with defendants" counsel, Mr. Bostic, who does not object
_ to this motion.
WHEREFORE, the government respectfully requests that the Court grant its Motion for a
I Continuance. Aproposed Order is attached. ‘ ‘ ‘ I ‘
Respectfully submitted,
COLM F. CONNOLLY
United. States Attorney .
l l By: /s/Martin C. Meltzer
- Martin C. Meltzer p `
Special Assistant United States Attorney
Dated: August 3, 2007

Case 1 :07-cr-00055-JJF Document 15 Filed 08/O3/2007 Page 3 of 4 I I
R IN THE UNITED STATES DISTRICT COURT
‘ - FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
. )
‘ - . · Plaintiff )
. )
V. ) Criminal Action No. 07-5 5-J JF
‘ )
BRANDON TANN, )
Defendant. ) -
ORDER
For the reasons stated in the Goverr1ment’s Motion for Continuance, the Courts finds the interest
of j ustice served by granting the continuance outweighs the best interest ofthe public and the defendant _
U ` for a speedy trial and,
U IT IS HEREBY ORDERED this day of
2007, that the Government motion is granted.
IT IS FURTHER HEREBY ORDERED that the intervening time between August 22, 2007
and the next scheduled date for the defendant’ s suppression hearing shall be excluded under the Speedy
.-Trial Act (18 U._S.C.._§§ 3161 et. seq). `
_ ‘ ` _ ‘ - - - ·` Honorable Joseph J Farnan, Jr. - ” ` .
United States District Court Judge
‘ ‘ _ District of Delaware I

Case 1 :07-cr-00055-JJF Document 15 Filed 08/O3/2007 Page 4 of 4
` IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
-
‘ Plaintiff] ) ` .
A )
v. ) Criminal Action N0. 07-55-JJF
)
BRANDON TANN, )
. - )
Defendant. )
CERTIFICATE OF SERVICE
_ - I, Martin C. Meltzer, Special Assistant United States Attorney for the District of Delaware,
hereby certify that on the 3rd day of August, 2007, I caused to be filed Govermnenfs Motion for a
Continuance with the Clerk of the Court. Said documents were served via the ECF system on
counsel for the defendant:
. Edson A. Bostic, Esq.
Federal Public Defender
Federal Public Defender, District of Delaware
704 King Street, Suite 110
‘ . - · Wilmington, DE 19801
/ sl Martin C. Meltzer
Martin C. Meltzer
` Special Assistant United States Attorney