Free Motion to Continue - District Court of Delaware - Delaware

p Case 1 :07-cr-00028-JJF Document 29 Filed 07/05/2007 Page 1 of 4
— IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
I UNITED STATES OF AMERICA, ) I
` Plaintiff, 5
v. g Criminal Action No. 07—2S—J J F
A - LICURTIS G. WHITNEY and g
JONATHAN L. EWELL, )
l l l Defendants. g
UNOPPOSED MOTION TO CONTINUE EVIDENTIARY HEARING
E The United States of America, by and through its counsel, Colm F. Connolly, United
States Attomey for the District of Delaware, and Gregory Welsh, Special Assistant United :
States Attorney for said District, hereby moves the Court to continue the evidentiary hearing
currently scheduled for Defendant Jonathan Ewell on July 30, 2007.
_ . l. The Defendants are charged in an Indictment which arises out of a car stop by
the Wihnington Police Department. The Defendants were found to be in
possession of two clear plastic bags, each containing approximately 125 grams =
of cocaine base.
l 2. At the time of Defendant Ewell’s arraignment, a date of June 25, 2007, was _
established for the filing of motions. At the time of Defendant VVhitney’s
arraignment and at the request of his counsel for additional time to file
_ l . motions, a date of September 7, 2007, was established for the filing of motions. '
. ._ _ -.--

_ Case 1 :07-cr-00028-JJF Document 29 Filed 07/05/2007 Page 2 of 4
‘ U 3. Defendant Jonathan Ewell has filed a Motion to Suppress the evidence from
_ the car stop. An evidentiary hearing on this Motion has been scheduled for
July 30, 2007, at 4:00 p.m.
U 4. Undersigned counsel has contacted Peter A. Levin, Esq., counsel for Defendant
l/Vhitney, who stated that he anticipates filing a motion to suppress on or about
` September 7, 2007.
5. The issues presented by Defendant Ewell’s Motion to Suppress are the same
issues that would be raised by Defendant Whitney, that is, the validity of the _
car stop and subsequent recovery of the cocaine base.
_ 6. Undersigned counsel has contacted Eleni Kousoulis, Esq., counsel for
Defendant Ewell, who stated that she has no opposition to the Government’s
. motion to continue the evidentiary hearing.
` WHEREFORE, it appears that the interest of judicial economy will be served by
` holding only one suppression hearing in this case after Defendant Whitney has tiled his
motion, and the United States requests that the Court continue the evidentiary hearing for
Defendant Ewell until after the deadline for Defendant Whitney to file motions.
i l Respectfully submitted, `
I COLM F. CONNOLLY
United States Attorney
— By: /s/ Gregory Welsh
Gregory Welsh
Special Assistant United States Attorney ‘
36 South Charles Street
Fourth Floor .
- Baltimore, Maryland 21201 _
` (410) 209-4906 ·
Dated: July 5, 2007 . Q

Case 1 :07-cr-00028-JJF Document 29 Filed 07/05/2007 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT . e I
n FOR THE DISTRICT OF DELAWARE
t UNITED STATES OF AMERICA, ) .
· Plaintiff g
. v. ` J Criminal Action No. 07-28—JJF
LICURTIS G. Vi/'I·HTNEY and g
JONATHAN L. EWELL, )
Defendants. g
ORDER TO CONTINUE EVIDENTIARY HEARING
Upon the unopposed motion of the United States of America, IT IS ORDERED that
the hearing scheduled for July 30, 2007, on Defendant Ewell’s Motion to Suppress be
postponed until after the deadline for the Hling of motions by co-Defendant Whitney on
September 7, 2007. IT IS FURTHER ORDERED, in the interests of j ustice, that the period
from the date of the filing of the Motion to Suppress on June 25, 2007, until September 7, .
2007, be excludable under the Speedy Trial Act (18 U.S.C. § 3161 et seq,).
. . g U
United States District Judge _
Dated: l ` .

Case 1 :07-cr-00028-JJF Document 29 Filed 07/05/2007 Page 4 of 4
A IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
- UNITED STATES OF AMERICA, )
)
_ Plaintiff, )
)
v. ) Criminal Action No. 07—28—J JF
)
LICURTIS G. WHITNEY and )
I JONATHAN L. EWELL, ) p
l
I ` Defendants. )
n CERTIFICATE OF SERVICE
I, Christopher J. Burke, Assistant United States Attorney for the District of
"- Delaware, hereby certify that on the 5th day of July 2007, I caused to be electronically tiled an
Unopposed Motion to Continue Evidentiary Hearing with the Clerk of the Court using
CM/ECF. Said document is available for viewing and downloading from CMIECF. I further
certify a copy ofthe foregoing notice was sent via U.S. mail, postage prepaid, to the attorney of
record as follows: l
Peter Levin, Esq.
1927 Hamilton Street
Philadelphia, PA 19130
/s/ Christopher J. Burke
Christopher J. Burke
‘ ‘ Assistant United States Attorney
1007 Orange Street, Suite 700 ‘ .
7 P.O. Box 2046
. Wilmington, Delaware 19899-2046 .
(302) 573-6277