Free Motion for Waiver of Speedy Trial Act - District Court of Delaware - Delaware

I- in Case 1:08-mj-00011-UNA Document 13 Filed O2/25/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
I I n ./A ` ` FORTHE DISTRICT OF DELAWARE I F n I I '
I UNITED STATES OF AMERICA, )
i n Plaintiff, I _
v. ) Case No. 08-l1M (MPT) i
MARTIN Al\/IAROIIERRERA, I _
_ Defendant. I
JOINT MOTION FOR EXCLUSION OF TIME UNDER SPEEDY TRIAL ACT
l ‘ The United States- of America by and through its tmdersigned attorney, and the defendant,
Martin Amaro—Herrera, by and through his attorney, Luis A. Ortiz, Esquire, jointly move for a 60-day
continuance of the time within which an Indictment or Information must be filed in this case. In
‘ support of this motion, the parties state the following:
. l. On January 18, 2008, a Criminal Complaint was issued on charges including passport Q
fraud, in violation of l8 U.S.C. § 1542.
‘ 2. On January 23, 2008, the defendant was arrested and made his initial appearance on the Q
Complaint. _ I A i
_ ‘ 3. On January 25, 2008, the defendant was released on bail by this Honorable Court. I
Immediately thereafter, the defendant was arrested on an Immigration detainer tiled by Immigration
and Customs Enforcement (ICE)- I · I I
4. On or about February 8, 2008, the defendant appeared before an Immigration judge and in
was released on bail pending a deportation/removal hearing. I n · I

` Case 1:08-mj-00011-UNA Document 13 Filed O2/25/2008 Page 2 of 3
5. The Speedy Trial Act, 18 U.S.C. § 3161, Q gg, requires that an Indictment or
n i. Information be filedgwithin 3-0 days trdm the date on which the defendant {vas arrested. U.S.C.
. § 3161(b).
6. The Government and the defendant are engaged in discussions to resolve this matter
‘ through a non—triaI disposition.
WHEREFORE, for the above reasons, it is respectfully submitted that the ends of j ustice will i
be served best by the granting of a continuance of 60 days of the time within which to tile an
Indictment or Information in this case.
‘ I COLM F. CONNOLLY
United ates Attorney
I s
{ S
I Br .
Luis A. Ortiz, Esquire Edmond Falgowski ` j
. Counsel for Defendant Assistant United States Attorney y
Dated: Z' 7/O I Og
l 2 I [

I Case 1 :08-mj-0001 1 —U NA Document 13 Filed O2/25/2008 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
y I I ` I ` I `FORATHE Distinct or‘DEt;AWAnn ` ‘ ° "
UNITED STATES OF AMERICA, )
Plaintiff i
v. ) Case No. 08~1 IM (MPT)
MARTIN AMARO-HERRERA, g I
Defendant. g I
I O R D E R
AND NOW, this Iday of · I , 2008, the Court finds that the I
defendant and the Government are engaged in discussions which may affect the charges against the
defendant and that the parties jointly request a continuance of 60 days ofthe time within which to
p tile an Indictment or Information in this case. The Court further finds that these reasons cause the I
ends of justice to best be served by granting a continuance in this matter, and that these reasons
_ outweigh the interests of the public and the defendant in a speedy trial. I
WHEREFORE, in accordance with Title IS, United States Code, Section 3 161(h)(8)(A), it is
hereby ORDERED that the time in which an Indictment or Information must be tiled in the above
action is continued for a period of sixty (60) additional days Enom the date of this Order. I
. I r I
United States Magistrate Judge _ {

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