Free Motion to Continue - District Court of Delaware - Delaware

Case 1 :07-cr-001 18-SLR Document 33 Filed 03/17/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
" FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
v. l · l Criminal Action No. 07-118-SLR
J ODY CHUBBS,
Defendant.
JOINT MOTION TO CONTINUE AND TO EXCLUDE TIME UNDER THE SPEEDY
. TRIAL ACT
The United States, by and through its undersigned attorneys, and the defendant, Jody
Chubbs, by and through her attorney, Eugene Maurer, Esquire, hereby move to continue the trial I
currently scheduled for April 21, 2008, and to exclude time under the Speedy Trial Act, in the
_ interest of justice, pursuant to 18 U.S.C. § 3161(h)(8)(A). The grounds for this Motion are as
i follows: U 1
1. On August 7, 2007, the defendant was charged by criminal complaint with a scheme to
dehaud in violation of 18 U.S.C. § 1344.
2. On September 4, 2007, the grand jury for the District of Delaware returned a seven-count
indictment charging the defendant with five counts of bank fraud, in violation of 18 U.S.C.
§ 1344 and 2, false use of a social security number, in violation of 42 U.S.C. § 408(a)(7)(B), and
one count of aggravated identify theft in violation of 18 U.S.C. § 1028A(1).
3. On November 6, 2007, the grand jury for the District of Delaware retumed a superseding I
I indictment, adding an additional eight counts, which included one additional count of bank fraud,
in violation of 18 U.S.C. § l344(2) and (2), and six counts of credit card fraud, in violation of 18

Case 1 :07-cr-001 18-SLR Document 33 Filled 03/17/2008 Page 2 of 3
U.S.C. § l029(a)(5). .
4. Trial on these charges is currently scheduled to begin April 21, 2008.
5. Over the past three months, the Government submits that it has obtained new evidence of
p , additional bank, credit card, and identity theft fraud committed by the defendant, which could _
fonn the basis of further charges.
6. Defense counsel and the Government agree that more time would assist both parties in
further investigating this additional, recently discovered evidence.
7. Moreover, defense counsel and the Government are in the process of discussing whether
U there could be a n0n—trial resolution to this case, and the parties agree that additional time would
benefit these negotiations.
8. Therefore, the parties respectfully submit that a continuance ofthe trial and the exclusion ‘
of time would serve the ends of justice under 18 U.S.C. § 3l61(h)(8)(A).
WHEREFORE, the parties respectfully request that the Court continue the trial and
A exclude time between the filing of this motion and the new trial date. A proposed fonn of order A
is attached.
. Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
lana H. isenstein
Assistant United States Attorney ·
DATED: March 17, 2008 n ‘-

Case 1 :07-cr-001 18-SLR Document 33 Filed 03/17/2008 Page 3 of 3
A IN THE UNITED STATES DISTRICT COURT
. FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, : e
v. Criminal Action No. 07-118-SLR
J ODY CHUBBS, :
Defendant.
ORDER
_ IT IS HEREBY ORDERED this day of , 2008, that the trial
l originally set for April 21, 2008, is continued; and
IT IS FURTHER ORDERED that the time from today’s date until the date of the new
trial is excluded under the Speedy Trial Act, and that such an exclusion is in the interests of
justice, under 18 U.S.C. § 3 l6l(h)(8)(A). i
Honorable Sue L. Robinson
United States District Judge ‘

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