Free Motion to Continue - District Court of Delaware - Delaware

Case 1:08-cr-00056-GMS

Document 15

Filed 05/20/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. DARRIN BURNS, Defendant. : : : : : : : : :

Criminal Action No. 08-56-GMS

MOTION FOR CONTINUANCE OF SCHEDULING CONFERENCE Defendant, Darrin Burns, through undersigned counsel, Luis A. Ortiz, hereby moves this Honorable Court for an Order continuing the scheduling conference in this case. In support of this Motion, the defense submits as follows: 1. 9:30 a.m. 2. Defense counsel will be out of the office attending a conference from May 27, 2008 A scheduling conference in this matter is currently scheduled for May 30, 2008, at

through May 30, 2008, and not returning to the office until June 2, 2008. Therefore, defense counsel will be unavailable on May 30, 2008, the date that Mr. Burns' scheduling conference is currently scheduled. 3. continued.1 4. Defense has spoken to Assistant United States Attorney, Joseph S. Grubb, the Defense counsel respectfully requests that Mr. Burns' scheduling conference be

attorney handling this case for the government, to ascertain the government's position on the Defense counsel will also be out of the office and unavailable from June 16, 2008, until June 23, 2008.
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Case 1:08-cr-00056-GMS

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defense's continuance request. They are not opposed to this request. 5. The Defendant agrees to waive the time from May 30, 2008, until the date of the

continuance for purposes of the Speedy Trial Act (18 U.S.C. § 3161, et seq.). WHEREFORE, for these reasons and any other such reasons that shall appear to the Court, the Defendant respectfully requests a continuance of scheduling conference in this case.

Respectfully submitted, /s/ Luis A. Ortiz Luis A. Ortiz, Esquire Assistant Federal Public Defender One Customs House 704 King Street, Suite 110 Wilmington, DE 19801 302-573-6010 [email protected] Attorney for Defendant Darrin Burns Dated: May 20, 2008

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Case 1:08-cr-00056-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. DARRIN BURNS, Defendant. : : : : : : : : :

Criminal Action No. 08-56-GMS

ORDER The Court having considered the Defendant's Motion for Continuance of Scheduling Conference, good cause having been shown therefore; IT IS HEREBY ORDERED this day of , 2008 that the

Defendant's motion is hereby granted, and the scheduling conference in this case is rescheduled for the _______ day of _______________, 2008, at ___________ a.m./p.m., and that the time from May 30, 2008 up to the day of the scheduling conference 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