Free Motion to Continue - District Court of Delaware - Delaware

Case ‘1 :07-cr-00028-JJF Document 28 Filed 07/O3/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
I U FOR THE DISTRICT OF DELAWARE `
I UNITED STATES OF Al\/IERICA, : e
Plaintiff, A
I- v. Criminal Action No. 07- 028 JJF
LICURTIS G. VVHITNEY, and
JONATHAN L. EWELL, : _
U Defendants.
UNOPPOSED MOTION TO CONTINUE EVIDENTIARY HEARING 2
The United States of America, by and through its counsel, Colm F. Connolly, United
- . States Attorney 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 J onathan Ewell on July 30, 2007.
I n 1. The Defendants are charged in an Indictment which arises out of a car stop by
U the Wilmington Police Department. The Defendants were found to be in
I Q possession of two clear plastic bags, each containing approximately 125 grams
of cocaine base. V
2. At the time of Defendant Ewellfs arraigmnent, a date of June 25, 2007, was A
established for the filing of motions. At the time of Defendant Wlntney’s ._
I · I arraignment and at the request of his counsel for additional time to file I
l 4 l motions, a date of September 7, 2007, was established for the tiling of motions. I

Case 1 :07-cr-00028-JJF Document 28 Filed 07/O3/2007 Page 2 of 2
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.
. 4. Undersigned counsel has contacted Peter A. Levin, Esq., counsel for Defendant
Vlfhitney, who stated that he anticipates filing a motion to suppress on or about
. September 7, 2007.
I 5 . The issues presented by Defendant Ewell’s Motion to Suppress are the same
l issues that would be raised by Defendant VVhitney, 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 Govemment’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 filed his
l 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. ,
S I I Respectfully submitted,
_ COLM F. CONNOLLY
United States Attorney _
By: /s/ Gregory Welsh
. ‘ . Gregory Welsh
Special Assistant United States Attorney
‘ - ` 36 South Charles Street l
Fourth Floor
Baltimore, Maryland 2120l
(410) 209-4906 .