Free Motion for Extension of Time to File - District Court of Delaware - Delaware

Case 1:08-cr-00107-GMS

Document 15

Filed 08/12/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. ERICK COLEMAN, Defendant.

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Criminal Action No. 08-107-GMS

AMENDED MOTION TO EXTEND TIME TO FILE PRE-TRIAL MOTIONS Defendant, Erick Coleman, by and through his undersigned counsel, Luis A. Ortiz, hereby moves the Court pursuant to Federal Rule of Criminal Procedure 45(b) and Local Rule 5(a), for an Order enlarging the time within which pre-trial motions may be filed. In support of this motion, the defendant submits as follows: 1. 2. case. 3. Defense counsel needs time to review this additional discovery in this case with Mr. Pre-trial motions for this case are due by August 14, 2008. On July 31, 2008, the government provided defense counsel with discovery in this

Coleman, to determine what, if any, pre-trial motions need to be filed. Additionally, the parties have already met in an effort to resolve this matter by means of a non-trial disposition. Depending on the outcome of the negotiations between the government and the defense, the filing of pre-trial motions may not be necessary. In order to complete all negotiations and investigations in this matter, the defense respectfully requests an additional 14 days in which to file any pre-trial motions.

Case 1:08-cr-00107-GMS

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Filed 08/12/2008

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4.

Assistant United States Attorney, John C. Snyder, the attorney handling this case for

the government, does not oppose the defense's request for an enlargement of time in which to file any pre-trial motions, making this motion unopposed. 5. The defense agrees to waive, pursuant to the Speedy Trial Act, any additional time

given in which to file pre-trial motions. WHEREFORE, it is respectfully requested that the time for defendant to file pre-trial motions be extended to anytime after August 14, 2008.

Respectfully Submitted,

/s/ Luis A. Ortiz Luis A. Ortiz, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 (302) 573-6010 [email protected] Attorney for Defendant Erick Coleman

Dated: August 12, 2008

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Case 1:08-cr-00107-GMS

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Filed 08/12/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. ERICK COLEMAN, Defendant.

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Criminal Action No. 08-107-GMS

ORDER Having considered Defendant Coleman's Amended Motion to Extend Time to File Pre-Trial Motions, IT IS HEREBY ORDERED this trial motions in this matter shall be due on the day of day of , 2008, that pre, 2008,

and that the time from August 14, 2008 up to the new due date for pre-trial motions to be filed shall be excluded under the Speedy Trial Act (18 U.S.C. § 3161, et seq.).

Honorable Gregory M. Sleet Chief Judge, United States District Court