Free Motion to Exclude - District Court of Delaware - Delaware

I Case 1 :07-cr-00124-SLR Document 20 Filed 11/16/2007 Page 1 of 3
- · IN THE UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF DELAWARE
I UNITED STATES OF AMERICA, :
Plaintiff,
. v. Criminal Action No. 07-l24—SLR
JAMES L. CHEESEMAN, _ c
` i - Defendant.
MOTION AND ORDER TO EXCLUDE TIME I =
COMES NOW the United States of America, by and through Colm F. Connolly, United m
. States Attorney for the District of Delaware and Keith M. Rosen, Assistant United States
Attorney, and hereby moves this Honorable Court to exclude under the Speedy Trial Act, 18 y
U,S.C. § 3161, the time from the date of its Order granting this Motion until the rescheduled
telephone status conference in this matter. In support thereof] the government states as follows:
1. The defendant was an·aigned in this matter on October 4, 2007. At that time,
Magistrate. Judge Stark entered an Order granting the defendant until November l, 2007, to tile
any pre—trial motions, and excluding the time from October 4, 2007, until November 1, 2007,
_ under the Speedy Trial Act ("the Act"). See D.I. 17. I
2. As of the present date, the defendant has not tiled any motions that would exclude
_ time under the Act.
_ I 3. By Order dated November 5, 2007, the Court scheduled a telephone status
conference for November I6, 2007. That Order did not exclude any further time under the Act.
See D.I. 1-9.

Case 1:07—cr—00124-SLR Document 20 Filed 11/16/2007 Page 2 of 3
4. On November 16, 2007, counsel for the government was advised by the Court that
the teleconference would be postponed as a result of defense counsel”s schedule. As of the date
of this motion, a new date has not been set.
5. The government respectfully submits that the continuance of the teleconference is
l in the interests of justice, and accordingly asks this Court to enter an Order excluding time under
- the Act from the date of said Order until the date of the rescheduled teleconference. See 18
U.S.C. §3161(h)(8)(A_).
l _ Respectfully submitted,
COLM F. CONNOLLY
- United States Attorney
l A BYZ
Keith M. Rosen l _
Assistant United States Attorney .
_ Dated: November 16, 2007 -
IT IS SO ORDERED this day of , 2007.
l Honorable Sue L. Robinson A
United States District Court
· ‘ _ District of Delaware

I Case 1:07—cr—00124-SLR Document 20 Filed 11/16/2007 Page 3 of 3 I
I i IN THE UNITED STATES DISTRICT COURT
2 FOR THE DISTRICT OF DELAWARE
* UNITED STATES OF AMERICA, )
_ Plaintiff} i
y S v. g Criminal Action No. 07-124-SLR
JAMES L. CHEESEMAN, g
an Defendant. g _
‘ CERTIFICATE OF SERVICE - ·
I, Sherry Karninski, an employee with the United States Attorney’s Office, hereby certifythat
on the 16th day of November 2007, I served the forgoing:
. Motion and Order to Exclude Time _
by causing two copies of said document to be served on counsel of record by First Class Mail as
follows: -
i i Joseph Hurley, Esq. _
1215 King Street __
_ Wilmington, DE 19801 ` ’
J §&m»§;, ‘¥
U J _ Sherry_Kamin 1

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