Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

I Case 1 :07-cr-00111-JJF Document 16 Filed 11/O9/2007 Page 1 of 4
_ IN THE UNITED STATES DISTRICT COURT I
I FOR THE DISTRICT OF DELAWARE I
I I UNITED STATES OF AMERICA, :I I
- q I Plaintiff, .
. v. Criminal Case N0. 07-111-JJF _
KWAN MILLER afk/a ` I _ .
. KENNETH MILLER, . : -
p Defendant. I
JOINT MOTION FOR CONTINUANCE AND EXCLUSION OF TIME UNDER THE
· SPEEDY TRIAL ACT E
I I _I The United States of America, by its attorneys, Colm F. Connolly, United States Attomey
- for the District of Delaware, and Martin C. Meltzer, Special Assistant United States Attorney, I
and Keir Bradford, Esq., counsel for defendant Kwan Miller a/k/a Kenneth Miller, respectfully
, I request a continuance in this matter pursuant to 18 U.S.C. § 3‘l6l(h)(8)(A). In support of this I
motion, the parties aver as follows: I I .
__ 1. On July 18, 2007, state probation officers conducted an administrative search at .
_ I the defendant’s residence. As a result of the search, the officers found, a Kel—Tec Model PI l l,
I 9m1n Luger semiautomatic handgun and a Marlin Model 980 DL, 22 caliber bolt—action rifle. I
‘ ‘ 2. On August 16, 2007, defendant Kwan Miller was indicted by the grand jury for
I the District of Delaware for two counts of possession Iof a firearm by a felon, in violation of Title I 11
I ` 18, United States Code, Sections 922(g)(l) and 9.24 (a)(2) for his possession of the ab0ve_
- U mentioned firearms. I
I 3. On August 29, 2007, six-swabs of DNA were taken from the Kel-Tec Model P 11,

Q - . Case 1 :07-cr-00111-JJF A Document 16 Filed 1/09/2007 in -Page-2 of 4 I ‘--- .
_ ` 9mm Luger semi-automatic handgun was delivered to NMS Labs, Willow Grove, Pennsylvania
, for DNA analysis. A preliminary analysis was delivered to the government and a-copy was
- forwarded to the defense. The preliminary analysis did not produce a DNA profile, however,
A i l sufficient quantities of samples remain for reanalysis. n
i 4._ NMS labs have been requested to conduct additional testing. Before any
i additional testing is conducted NMS lbabs will inspect the handgun for additional samples of
i _ DNA in order to preserve the remaining samples that would have been destroyed by testing. lf no
E other samples are obtained the remaining samples will be used. i l
· 5. The government and the defendant do not know if DNA is found on the Kel—Tec
·- ‘ handgun that it will provide inculpatory or exculpatory evidence in this case. However, in the
l . interest of justice, both parties want to have the additional or remaining samples analyzed.
6. The Court has set a scheduling conference in the above case for November 15,
2007. Q . -
.- n 7. The parties respectfully request a continuance of the scheduling conference for 45 ‘
days so that additional DNA samples may be analyzed in the interest of justice and the possibility l
-.._ i ` of a pre—trial resolution. 2
i l - , q 8. The defendant explicitly waives any and all rights involving a speedy trial based _ -
I upon the requested continuance of the November 15, 2007 scheduling conference, _ { i
--`. A ‘2‘ Z A l

J Case 1 :07-cr-00111-JJF Document 16 Filed 11/O9/2007 Page 3 of 4 I
_ VVHEREFORE, it is respectfully submitted by the parties that the ends of justice served
A by a continuance in this matter outweigh the best interests of the public and the defendant in a
speedy trial and that any period of continuance is excluded in computing the time within which
n the trial must commence, pursuant to 18 U.S.C.§ 3161(h)(8)(A). A proposed Order is attached.
. ` Respectfully submitted, l
. COLM F. CONNOLLY
` United States Attorney l
BY: r
Keir Bradford, Esq . · Martin Meltzer E
‘ ` Attorney for Defendant Special Assistant United St .· · ttorney _
Dated: November 9, 2007 _ l l l
. · I . -3- p _ _ t

i Case 1:07-cr-00111-JJF Document 16d Filed 11/O9/2007 Page 4 of 4
Q IN THE UNITED STATES DISTRICT COURT
i I · FOR THE DISTRICT OF DELAWARE
pl UNITED STATES OF AMERICA, : L
. Plaintiff, l . T
_ v. Criminal Case N0. 07-111-JJF
KWAN MILLER, A ·
l L Defendant.
I I L _ _ O R D E R .
And now, this day of November, 2007, the Court finds that, for the A
reasons stated in the JOINT MOTION FOR CONTINUAN CE AND EXCLUSION OF TIME
l UNDER THE SPEEDY TRIAL ACT, the ends of j ustice to be served by granting a continuance
U in this matter outweigh the interests ofthe public and the defendant in a speedy trial, and
· therefore, pursuant -to Title 18, United States Code, Section 3l6l(h)(8)(A),
‘ U IT IS HEREBY ORDERED that a continuance from November 15, 2007 through &
n , is granted in this case, and that this period of the continuance will be
U l excluded in computing the time within which the trial must commence. U R
r S I L I I . `g
· _ ‘ United States District Court U . _