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

Case 1:07-cr-00157-SLR

Document 11

Filed 01/25/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. PHILLIP GRAHAM, Defendant.

: : : : : : : : :

Criminal Action No. 07-157-SLR

MOTION TO EXTEND TIME TO FILE PRE-TRIAL MOTIONS Defendant, Phillip Graham, by and through his undersigned counsel, Luis A. Ortiz, 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 January 25, 2008. Defense counsel has received partial discovery in Mr. Graham's case. Defense counsel

requires additional time to sufficiently review this discovery with Mr. Graham, to determine what, if any, pre-trial motions need to be filed. 3. Moreover, defense counsel expects private counsel to enter their appearance in Mr. They have indicated they will need additional time to review discovery

Graham's case shortly.

materials in order to determine what, if any, motions are appropriate in the instant case. 4. Assistant United States Attorney, Edmond Falgowski, the attorney handling this case

for the government, does not oppose the defense's request for an enlargement of time in which to file

Case 1:07-cr-00157-SLR

Document 11

Filed 01/25/2008

Page 2 of 3

any pre-trial motions, making this motion unopposed. 5. 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 the Defendant to file pre-trial motions be extended for thirty days after January 25, 2008.

Respectfully Submitted,

/s/ Luis A. Ortiz, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 (302) 573-6010 [email protected] Attorney for Defendant Phillip Graham

Dated: January 25, 2008

2

Case 1:07-cr-00157-SLR

Document 11

Filed 01/25/2008

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. PHILLIP GRAHAM, Defendant.

: : : : : : : :

Criminal Action No. 07-157-SLR

ORDER Having considered Defendant Graham's Motion to Extend Time to File Pre-trial Motions, IT IS HEREBY ORDERED this day of day of , 2008, that Defendant , 2008,

Graham's pre-trial motions shall be due on the

and that the time from January 25, 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.).

The Honorable Sue L. Robinson United States District Court