Free Motion to Continue - District Court of Delaware - Delaware

I I I _ · I II -I ICasIe Document 31 I Filed 11/14/2007 Page 1 of 4 _
I E _ IN THE UNITED STATES DISTRICT COURT I .
_ I FOR THE DISTRICT OF DELAWARE _ ‘ A
I I UNITED STATES OF AMERICA, ) I · ` I _
Plaintiff, . g I
II P I I v. I g Criminal Action No. 07-26—SLR I p
I EARL N. WALLACE -. i - I
· I I I Defendant. 3 I _
I GOVERNMENT’S MOTION FOR LEAVE TO FILE SUPPLEMENTAL BR[EFING ON
THE ELEMENTS REQUIRED UNDER 26 U.S.C. § 5861|i| AND TO CONTINUE TRIAL ` `
. . NOW COMES the United States of Ame1ica, by and through its attorneys, Cohn F. Connolly, ‘ E
__ II I United States Attorney for the District of Delaware, Shawn A. Weede, Assistant United States
I I- Attorney for the District of Delaware, and Sharmon Thee Hanson, Assistant United States Attorney Q
for the District of Delaware, and hereby submit the following:
_ l. On November 7, 2007, the government filed a letter brief with the Court in support of its -
I_ proposed jury instruction for the elements of 26 U.S.C. § 586l(i). Speciflcally, the government L
. argued therein that it in order to sustain a conviction under Section 586 1 (ij, it is not required to prove
that the defendant knew the frearm in question did not have a serial number. I
P 2. On November 8, 2007, the defendant tiled a letter brief support of its proposed
I - instruction for 26 U.S.C. § 586 1 (i), wherein he argued that such knowledge is required. p
I I I 3. On NovembIer 13, 2007, the Court heard oral argument with regard to the pa1ties’ I I

C i · Case 1:07—cr—00026-SLR Document 31 Filed 11/14/2007 Page 2 of 4 `
i proposed jury instructions on 26 U.S.C. § 586l(i). The Court indicated that it would attempt to
i render a decision on this issue on November 14, 2007, but that it may be necessary for the parties
i- U to submit further briefing and -to continue the trial in this matter. U n
Q 4. i Since the government believes that this issue is potentially case—dispositive, the
c 1 government respectfully requests that the Court continue the trial date in the above matter and allow g
- l both parties to submit further briefing. The government respectfully asserts that this will enable the l
- i _ parties to fully develop the record on this topic and provide the Court with a sufficient amount of
i U time to consideriand rule on this issue. l
- ` 5. If the Court is inclined to grant the instant motion, the government further requests that
C l the Court exclude the time from the date of this motion until the Court renders a decision on the n q
I above issue, under the Speedy Trial Act (18 U.S.C. § 3161 et seq.)Q The government submits that _
_ the time is excludable because the ends of justice served by the delay outweigh the best interest of`
l the public and the defendant in a speedy trial. See 18 U.S.C. § 3l6l(h). i `
6. Before the government filed the instant motion, it spoke with defense counsel, Eleni
Kousoulis, Esquire. The defense indicated that it did not believe that further briefing was necessary,
_ I · but that if the Court granted the instant motion, she would certainly comply with any briefing
requested. C - - U U ` n ` -

in in Case_1:07-cr-00026-SLR Document 31 Filed 11/14/2007 Page 3 of 4
A WHEREFORE, for the aforementioned reasons, the governments respectfully requests that the _
1 . Court grant its Motion for Leave to File Supplemental Briefmg on the Elements Required Under 26
S ` U.S.C. § 5861(i) and to Continue Trial. A proposed Order is attached. l . ‘
A . _.-- _ COLM F. CONNOLLY `
. r ‘ _ United States Attorney q
l A l BY: /s/ Shawn A. Weede S
` ‘ l Shawn A. Weede _ ·
Shannon Thee Hanson .
_ Assistant-United States Attorneys .
_ _ 1007 Orange Street, Suite 700 .
‘ · _ P.O. Box 2046 _ .
. Dated: November 14, 2007 Wilmington, Delaware 19899-2046
_:,-_ q 3 r .. y j y

- ` I Case 1:07#cr—00026--SLR Document 31 Filed 11/14/2007 Page 4 of 4 I
I · IN THE UNITED STATES DISTRICT COURT I I I
i . I I FOR THE DISTRICT OF DELAWARE
“ Q ` UNITED STATES OF AMERICA, )
_ l PiaintifiQ g ` l
v. g Criminal Action No. 07-26-SLR
EARL N. WALLACE g
n Defendant. g I ‘ I
if I I ORDER I
I I ` Having considered the Government’s Motion for Leave to File Supplemental Briefing on the I
` Elements Required Under 26 U.S.C. § 586l(i) and to Continue Trial, IT IS HEREBY ORDERED
` that the trial in this matter is continued until further Order of the Court. l
n l IT IS FURTHER ORDERED that the Government shall file any supplemental briefing U
relating to the elements required under 26 U.S.C. § 5861 (i) by the _ of ,
` 2007. The defendant shall file any response thereto by the _ of , 2007. l _
IT IS FURTHER ORDERED that, for the reasons cited in the Government’s Motion, the _
time from November 14, 2007, until the resolution of the above issue by the Court shall be excluded I i
I T in under the Speedy Trial Act, because thelends of j ustice seived by the delay outweigh the best interest I
_ of the public and the defendant in a speedy trial. See 18 U.S.C. § 3 l6l(h). ‘ I
_ United States District Judge
Dated: ,