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

Case 1:08-cr-00040-SLR

Document 11

Filed 04/15/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. LAMOTTE STEVENSON, Defendant.

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Criminal Action No. 08-40-SLR

MOTION TO EXTEND TIME TO FILE PRE-TRIAL MOTIONS Defendant, Lamotte Stevenson, by and through his undersigned counsel, Eleni Kousoulis, 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. Pre-trial motions for this case are due by April 18, 2008. On April 15, 2008, the government provided defense counsel with additional discovery

in this case, including information pertaining to a statement Mr. Stevenson is alleged to have made following his arrest in this case. The government also informed defense counsel that there is a videotape of Mr. Stevenson's statement that the government just received. The government will be providing defense counsel with a copy of the videotaped statement, but as of the date of this motion, defense counsel has not yet received a copy of this videotape. 3. Defense counsel needs time to review this additional discovery, to review the

videotape once it is received, and to discuss this case with Mr. Stevenson, to determine what, if any, pre-trial motions need to be filed.

Case 1:08-cr-00040-SLR

Document 11

Filed 04/15/2008

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4.

Assistant United States Attorney, Seth Beausang, 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. Defense counsel, therefore, respectfully requests an additional time in which to file

pre-trial motions, to allow her sufficient time to review the newly received discovery in this case and to discuss the case in general with Mr. Stevenson. 6. 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 May 7, 2008.1

Respectfully Submitted,

/s/ Eleni Kousoulis Eleni Kousoulis, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 (302) 573-6010 [email protected] Attorney for Defendant Lamotte Stevenson

Dated: April 15, 2008

1

Defense counsel will be out of the office the week of April 21, 2008. 2

Case 1:08-cr-00040-SLR

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Filed 04/15/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. LAMOTTE STEVENSON, Defendant.

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Criminal Action No. 08-40-SLR

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

that the time from April 18, 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 Sue L. Robinson United States District Court