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

i . ,. 3 q
e [Wy *
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Piamurr, j
v. ‘ Case No. 08-12-M
nin I I
Defendant. j
l
JOINT MOTION TO EXCLUDE TIME UNDER SPEEDY TRIAL ACT i
NOW COMES the defendant Ahiam Etienne, by and through his attorney, Charles E.
Butler, Esq., and the United States of America, by and through its attorney, Assistant United
States Attorney Christopher J. Burke, and jointly requests the Court pursuant to Federal Rule of
Criminal Procedure 45(b), Local Rule 5(a), and 18 U.S.C. §§ 3161(b) & (h)(8)(A), to extend by
sixty days the period of time for filing of the Indictment, and to exclude such time under the
Speedy Trial Act. In support of this motion, the parties submit as follows:
l. The defendant was charged by criminal complaint dated January 18, 2008. As
such, the Government is required to seek an Indictment in the above-captioned matter on or
before February 17, 2008. .
2. The defendant is currently on pretrial release under conditions issued by this
Court.
3. The Government and defense counsel respectfully request a sixty—day extension
in the time period for the Government to tile an Indictment in this matter.
4. Both parties join in this request, and the defendant agrees to waive any challenge
to the thirty-day requirement for the Government to file an Indictment in this matter under 18

Case 1:08-mj—O0012-UNA Document 15 Filed 02/07/2008 Page 2 of 3
U.S.C. § 3161(b). The parties request that such period of time by excluded under the Speedy
. Trial Act pursuant to 18 U.S.C. § 3161(h)(8)(A).
5. The parties assert that the ends of justice would be served by a sixty—day
continuance in tiling the Indictment in this matter. The parties anticipate that the continuance
will provide them with needed additional time to discuss the nature of the alleged violations, as
well as options for the possible resolution of this matter.
bmitted, g
Charles tler, Esq., Esq. Christopher J. B e, Esq.
1224 N. King Street Assistant United States Attorney
Wilmington, DE 19801 District of Delaware
Attorney for defendant Abiam Etienne Nemours Building
1007 Orange Street, Suite 700
Wilmington, DE 19899
Dated: February 7, 2008
2

Case 1:08-mj—O0012-UNA Document 15 Filed 02/07/2008 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT Q
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, ) i
l Plaintiff, l
v. g Case No. 08-12-M
AHIAM ETIENNE, g
Defendant. g
p ORDER
Having considered the parties’ Joint Motion to Exclude Time Under the Speedy Trial Act,
n IT IS HEREBY ORDERED this WW day of February 2008, that the Government shall
have until on or before March 19, 2008 to file an indictment in the above—captioned matter. The
Court hereby finds that any intervening time between the date of this Order and March 19, 2008,
shall be excluded under the Speedy Trial Act. The Court further finds, for the reasons set forth in
the pa1ties’ joint motion, that the ends of justice served by extending the time period by an additional
thirty days for the Government to file an Indictment, and to exclude such time under the Speedy Trial
Act, outweigh the interests ofthe public and the defendant in a speedy trial. 18 U.S.C. §§ 3161(b)
& (h)(8)(A)-
j sue?. P;
l Honorable Leonard P. Stark
United States Magistrate Judge
3

Case 1:08-mj-00012-UNA

Document 15

Filed 02/07/2008

Page 1 of 3

Case 1:08-mj-00012-UNA

Document 15

Filed 02/07/2008

Page 2 of 3

Case 1:08-mj-00012-UNA

Document 15

Filed 02/07/2008

Page 3 of 3