Free Motion to Continue - District Court of Delaware - Delaware

Case 1:07-cr-00106-JJF

Document 42

Filed 02/29/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. DAYWON DRUMMOND, Defendant.

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Criminal Action No. 07-106-JJF

MOTION FOR CONTINUANCE OF EVIDENTIARY HEARING Defendant, Daywon Drummond, by and through his undersigned counsel, Luis A. Ortiz, hereby moves the Court for an Order continuing the Evidentiary Hearing in this case. In support of this motion, the defense submits as follows: 1. a.m. 2. Defense counsel and the government are near achieving a non-trial disposition in this An Evidentiary Hearing in this case is currently scheduled for March 7 , 2008 at 8:30

matter, and need additional time to finalize the language that is to be included in the proposed Plea Agreement. 3. Daywon Drummond was scheduled to undergo a critical mental health evaluation prior

to finalizing any proposed plea agreement. Unfortunately, due to the snow storm on February 22, 2008, Mr. Drummond's evaluation has had to be rescheduled until March 6, 2008. Therefore, it will not be completed prior to the scheduled evidentiary hearing. Defense counsel apologizes for this unfortunate delay. 3. Defense counsel has spoken with Assistant United States Attorney, Douglas McCann,

Case 1:07-cr-00106-JJF

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Filed 02/29/2008

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and he has informed that the government does not oppose this request for a continuance. WHEREFORE, Mr. Drummond respectfully requests that this Court continue the Evidentiary Hearing in this matter for thirty days consistent with the Court's calender. Once this matter is resolved, the parties will notify the Court so that a Change of Plea Hearing may be scheduled.

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 Daywon Drummond

DATED: February 29, 2008

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Case 1:07-cr-00106-JJF

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Filed 02/29/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. DAYWON DRUMMOND, Defendant.

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Criminal Action No. 07-106-JJF

ORDER In response to Mr. Drummond's Motion for Continuance of Evidentiary Hearing, this Court HEREBY ORDERS on this ________ day of ____________________, 2008, that Defendant's Evidentiary Hearing is rescheduled for the _______ day of _________________, 2008 at ____ am./p.m.

The Honorable Joseph J. Farnan United States District Court