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

Case 1:07-cr-00103-JJF

Document 35

Filed 05/21/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. STANLEY LUM, Defendant. ) ) ) ) ) Criminal Action No. 07-103-JJF ) ) ) )

MOTION FOR A SCHEDULING CONFERENCE NOW COMES the United States of America, by and through its attorneys, Colm F. Connolly, United States Attorney for the District of Delaware, and Shawn A. Weede, Assistant United States Attorney for the District of Delaware, and hereby submits the following: 1. On September 7, 2007, the defendant filed a Motion to Suppress Physical Evidence and

Statements. (D.I. 12). On January 22, 2008, the defendant filed a Supplemental Motion to Suppress Physical Evidence and Statements. (D.I. 24). On May 19, 2008, after an evidentiary hearing and receiving briefs from both parties, the Court denied these motions. (D.I. 34). 2. (D.I. 30). 3. The government respectfully requests that the Court set a scheduling conference so that a trial On April 22, 2008, the defendant, acting pro se, filed a Motion to Appoint New Counsel.

date may be set, as well as a hearing ­ if one is necessary ­ for the Court to rule on the defendant's pro se motion. 4. The government also respectfully requests that the Court exclude the time from the date of

this motion until the date it sets for the scheduling conference under the Speedy Trial Act (18 U.S.C. § 3161 et seq.). The government submits that the time is excludable because the ends of justice served

Case 1:07-cr-00103-JJF

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by the delay outweigh the best interest of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h). WHEREFORE, the government respectfully requests that the Court grant its Motion for a Scheduling Conference. A proposed Order is attached.

Respectfully submitted, COLM F. CONNOLLY United States Attorney By: /s/ Shawn A. Weede Shawn A. Weede Assistant United States Attorney

Dated:

May 21, 2008

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Case 1:07-cr-00103-JJF

Document 35

Filed 05/21/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. STANLEY LUM, Defendant. ) ) ) ) ) Criminal Action No. 07-103-JJF ) ) ) ) ORDER Having considered the government's Motion for a Scheduling Conference, IT IS HEREBY ORDERED that a scheduling conference is set for _________________________, 2008, at ___________ a.m./p.m. IT FURTHER ORDERED that the period from the date of this motion through the date of the above scheduling conference is is excluded under the Speedy Trial Act, because the ends of justice served by the delay outweigh the best interest of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h).

___________________________ The Honorable Joseph J. Farnan, Jr. United States District Judge Dated:

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