Free Order - District Court of Delaware - Delaware

Case 1:07-cr-00026-SLR Document 33 Filed 11/14/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. g Crim. No. 07-026-SLR
EARL N. WALLACE, g
Defendant. g
O R D E R
At Wilmington this lmh day of November, 2007, having considered pIaintiff’s
motion for leave to file supplemental briefing on the elements required under 26 U.S.C.
§ 5861(i);
IT IS ORDERED that:
1. Said motion (D.l. 31) is granted. Plaintiff shall file its supplemental brief on or
before December 14, 2007. Defendant shall file his supplemental brief on or before
January 14, 2008.
2. The jury trial scheduled to commence on Monday, November 19, 2007 is
cancelled.
IT IS FURTHER ORDERED that the time between this order and the issuance of
the court’s decision on the jury instruction issue shall be excluded under the Speedy
Trial Act, the court concluding that the ends ofjustice served by the delay outweigh the

Case 1:07-cr-00026-SLR Document 33 Filed 11/14/2007 Page 2 of 2
best interest of the public and the defendant in a speedy trial.‘ 18 U.S.C. § 3161(h).
United Stagg District Judge
‘SpecificaIIy, the absence of controlling precedent from the United States Court
of Appeals for the Third Circuit and the dispositive nature of the issue mandate
additional briefing by the parties. (D.l. 31)
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