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

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IN THE UNITED STATES DISTRICT COURT A
FOR THE DISTRICT OF DELAWARE ‘
" UNITED STATES OF AMERICA, ) I I
A Plaintiff, 3 _
v. g Case N0. 08-12-M
AHIAM ETIENNE, I g -
I A Defendant. I _ n q
I JOINT MOTION TO EXCLUDE TIME UNDER SPEEDY TRIAL ACT
NOW COMES the defendant Ahiam Etienne, by and through his attorney, Charles Butler,
Esq., and the United States of America, by and through its attorney, Assistant United States
U Attorney Christopher J. Burke, and jointly requests the Court pursuant to Federal Rule of A
Criminal Procedure 45(b), Local Rule 5(a), and -18 U.S.C. § 3l6l(h)(2), to exclude under the n`
Speedy Trial Act by twelve months the period of time within which an indictment must be q
sought in the above-captioned matter. In support of this motion, the parties submit as follows:
l. The defendant was charged by criminal complaint dated January 18, 2008. As if
such, the Government was initially required to seek an indictment in the above-captioned matter
on or before February 17, 2008.
2. On February 7, 2008, the parties requested that this Court order a sixty-day
extension in the time period for the Government to file an indictment in this matter. The Court
signed an Order to that effect on the same date, extending the time by which the Government
must file an indictment to March 19, 2008. On March 12, 2008, the parties again requested that _
this Court order a sixty—day extension in the time period for the Government to file an _
indictment. The Court signed an Order to that effect on March 25, 2008, extendingsthe time by

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‘ which the Government must file an indictment to May 19, 2008.
3. The parties have recently agreed to enter into a Pretrial Diversion Agreement, the I
terms of which provide that the United States will defer prosecution of the defendant for a period
of twelve months. The Agreement will be fully executed as_of May 19, 2008. Pursuant to the
temis of the Agreement, the United States will dismiss the criminal complaint at the end of the
diversionary period if the defendant complies with the conditions set forth in the Agreement.
4. A period of delay during which prosecution is deferred pursuant to a pretrial
diversion agreement is excludable under the Speedy Trial Act. See 18 U.S.C. § 3161fh)(2).
Under the terms of the Agreement entered into between the parties, the defendant agreed that any
period of delay during the diversionary period shall be deemed excludable under the Speedy Trial
Act.
5. Both parties request that the twelve—month period of time beginning on May 19,
2008, and continuing until May 19, 2009, be excluded under the Speedy Trial Act pursuant to 18
U.S.C. § 3l6l(h)(2). "
Respectfully submitted,
/s/ Charles E. Butler, Esg. /s/ Christopher J. Burke, Esg.
Charles E. Butler, Esq., Christopher J. Burke, Esq,. i
1224 N. King Street · Assistant United States Attorney ·
Wilmington, DE 19801 District of Delaware A
Attorney for defendant Ahiam Etiemie Nemours Building in
‘ 1007 Orange Street, Suite 700
. Wilmington, DE 19899
Dated: May 16, 2008 `

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IN THE UNITED STATES DISTRICT. COURT I . I i
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF Al\/[ERICA, ) I ·
I Plaintiff, · I
I v. I Case No. 08-12-M I
AHIAM ETIENNE, g I
I Defendant. J I I
ORDER
Having considered the parties’ Joint Motion to Exclude Time Under the Speedy Trial Act
pursuant to‘18 U.S.C. § 3l6l(h)(2), IT IS HEREBY ORDERED this day of
s I 2008, that the time within which an indictment in the above-captioned
matter must be sought shall be excluded by a period of months from May 19,
2008, the date in which the parties entered into a Pretrial Diversion Agreement. I
IT IS FURTHER ORDERED that a telephonic Status Conference is scheduled for
, at , with the Court initiating said call. I
IT IS FURTHER ORDERED that the time between May 19, 2008 and the
teleconference is excluded under the Speedy Trial Act. 18 U.S.C. § 3 l6l(h)(2).
_ y United States Magistrate Judge _
p 3 _ ` II ,.

Case 1:08-mj-00012-UNA

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