Free Motion to Continue - District Court of Delaware - Delaware

I Case 1 :07-cr-00106-JJF Document 31 Filed 11/14/2007 Page 1 of 4
[ _,_. ; U.S. Department of Justice _

United States Attorney ’s Ofice z
`re-i;,.;ji.···"" District of Delaware _
_ ` Nemours Building I
]007l\/K Orange Street, Suite 700 (302) 5 73-6277 -
P. 0. Bax 2046 FAX (302) 573-6220
. Wilmington, Delaware 19899-2046
November 14, 2007 p
The Honorable Joseph J. Farnan, Jr.
United States District Judge I
District of Delaware
United States Courthouse Q;
844 North King Street `
Wilmington, DE 19801 ;
Re: United States v. Daywon Drummond ‘
Criminal Action No. 07-106-JJF
Dear Judge Farnan:
Enclosed for your review please iind a Joint Motion to Continue the Evidentiary hearing
‘ scheduledfor November 20, 2007 at 1 1 :00 am. I am available from November 26, 2007 thereafter.
l Yours very truly,
· COLM F. CONNOLLY 2
United States Attorney
A BY¤
‘ Martin C. Meltzer
Special Assistant United States Attorney
l Enclosure

- I Case 1 :07-crA00106-JJF Document 31 Filed 11/14/2007 Page 2 _of 4 I ‘
IN THE UNITED STATES DISTRICT COURT -
I FOR THE DISTRICT OF DELAWARE
. UNITED STATES OF AMERICA, : I
; _ _ Plaintiff, -
- I _ v. Criminal Case N0. 07-106 JJF p
- DAYWON DRUMMOND, I ‘
l Defendant. _
JOINT MOTION FOR CONTINUANCE AND EXCLUSION OF TIME UNDER THE
SPEEDY TRIAL ACT
‘ The United States of America, by its attorneys, Colm F. Connolly, United States Attorney p ‘
l U for the District of Delaware, and Martin C. Meltzer, Special Assistant United States Attorney, l
p _ and Luis Ortiz, Esq., counsel for defendant Daywon Drummond, respectfully request a Q
continuance in this matter pursuant to 18 U.S.C. § 3 l6l(h)(1)(A) & (8)(A). In support of this
motion, the parties aver as follows:
l 1. An evidentiary hearing is scheduled for November 20, 2007. p - l
. l l 2. The defendant will be receiving a mental examination which may have a
substantial impact on resolving this matter. p
. _ ` 3. Depending upon the results ofthe defendant’s examination and other factors the p ¤
l parties maybe able to resolve this matter prior to trial, and therefore are respectfully requesting i
. this Honorable Court to grant a postponement of the evidentiary hearing.
_ A Additionally, counsel for the government will be on a prepaid family vacation on 2
. November 20, 2007 and has with due diligence informed the Court. Counsel for the government

‘ i Case 1 :07-cr-00106-JJF Document 31 Filed 11/14/2007 Page 3 of 4
will be available from November 26, 2007 forth.
4. The parties respectfully request a continuance of the hearing for 30 days in the
‘ interest of justice and the possibility of a pre-trial resolution. l
l 5. The defendant explicitly waives any and all rights involving a speedy trial based
l upon this requested continuance.
` - VVHEREFORE, it is respectfully submitted by the parties that the ends of j ustice served
by la 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
the trial must commence, pursuant to 18 U.S.C.§ 3 l6l(h)(8)(A). A proposed Order is attached.
A Respectfully submitted,
I I I . COLM F. CONNOLLY
‘ United States Attorney
eéaaigxézég rage/5,0 BY: %@,§ A A
Luis Ortiz, E q. Martin Meltzer
- Attorney for Defendant _ Special Assistant United States Attomey
_ r Dated: November 14, 2007 · A

_ Case 1 :07-cr-00106-JJF Document 31 Filed 11/14/2007 Page 4 of 4
‘ IN THE UNITED STATES DISTRICT COURT I h
n E FOR THE DISTRICT OF DELAWARE n
- . UNITED STATES OE AMERICA, :
1 ` Plaintiff, I
` v. Criminal Case N0. 07-106-JJF
I · DAYWON DRUMMOND,
_ Defendant.
l n O R D E R
_- U And now, this day of November 2007, the Court finds that, for the reasons
I _ ‘ stated in the JOINT MOTION FOR CONTINUANCE AND EXCLUSION OF TIME UNDER
THE SPEEDY TRIAL ACT, the ends of justice to be served by granting a continuance in this
matter outweigh the interests of the public- and the defendant in a speedy trial, and therefore, 3
pursuant to Title 18, United States Code, Section 3161(h)(1) & (8)(A),
IT IS HEREBY ORDERED that a continuance from November 20, 2007 through p
U U · , is granted in this case, and that this period ofthe continuance will be U
excluded in computing the time within which the trial must commence. i
y R I. R .
_ . United States District Court