Free Motion to Exclude - District Court of Delaware - Delaware

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. IN THE UNITED STATES DISTRICT COURT
- FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, - ) .
A ` Plaintiff] g _, p
A VS- n · Criminal Action No. 07-136-JJF A - I
_ ERIC HOLMES, g U ‘
Defendant. - g

NOW COMES the defendant Eric Holmes, byand through his attorney, Luis A. Ortiz, _ i p
- Esq., and the United States- of America, by and through its attorneys, Colm F. Connolly, United _
‘ States Attorney for the District of Delaware, and Douglas E. McCann, Assistant United States A
l Attorney for the District of'Delaware, and jointly requests the Court pursuant to 1S U.S.C. § `
3l61(h)(8)(A) to exclude time under the Speedy Trial Actifrom the date of the entry of the n l
proposed order accompanying this motion until May 12, 2008. _ D _ A
In support of this motion, the parties submit as follows; U ‘
1. The defendant was charged by criminal complaint on October 9, 2007.
2. ‘ The jury returned an indictment against the defendant on October 11, 2007.
3. At arraignment, the United States Magistrate Judge gave the defendant until I _
L D November 12, 2007, to filernotions, and excluded the intervening time. .
U if 4. On November 9, 2007, the defendant filed a Motion to Suppress Evidence. I -
F it 5. On January 17, 2008, the Court denied the Motion to·Suppress Evidence. ‘
. , I 6. On January 31, 2008, the govennnent filed amotion for a scheduling conference.
A 7. On March 20, 2008,‘the- Court held a scheduling conference. At the conference, ·

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defense counsel indicated that due to other commitments, he would not be nee to try the case g
gc before May, 2008; The court accordingly set the trial for May 12, 2008.
8. The defendant is currently detained.
9. Both parties join in this request, and the defendant agrees that the exclusion of ‘
time between the date of the order on this Motion and May .12, 2008 is in the interests of justice.
Respect submi t , i A - ig `
_ g ‘ _ I 2 ,:-" @¢_`C¤.v»v ~
s A. Ortiz, Esq. . Doug as E.McCam1
· 704 King Street Assistant United States Attomey
Wilmington, Delaware 19801 District of Delaware .
_— , 1007 Orange Street, Suite 700
. Wilmington, DE 19801 · .
Qs Q <_ `Y%,€`\J\/\Xj_ Q _’i _ ‘
Eric Holmes . ‘ `
Defendant . _ .
Dated: March EE, 2008 n W . ‘ l
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· . IN UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, ) I y p
I Plaintiff} g
vs. i Criminal Action No. 07-136-UF ‘
. I ERIC HOLMES, · I I n g .
I Defendant. g _
i QEB , · ` h I
Having considered the parties'. Joint Motion to Exclude Time Under the Speedy Trial ·
_ Act, and the Court finding fo_r the reasons set forth in the Joint Motion that it i in the intere ts of I
A n justice that the time between the date of this Order and May 12, 2008, be excluded under the _ ·
_ Speedy Trial Act, 18 U.S.C. § 316 1(h)(8)(A), . I , - _ _ . _
I IT IS HEREBY this . day ofMa1·ch 2008, the time between _ ,
the date of this Order and May 12, 2008, is excluded &om computation under the Speedy Trial in
Act, 18 U.S.C. § 3161(h)(8)(A). I Q I I
` United States District Judge p - I

Case 1:07-cr-00136-JJF

Document 25

Filed 04/01/2008

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Case 1:07-cr-00136-JJF

Document 25

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Case 1:07-cr-00136-JJF

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Filed 04/01/2008

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