Free Motion for Extension of Time to File - District Court of Delaware - Delaware

Case 1:08-cr-00111-GMS

Document 8

Filed 08/12/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. THOMAS PENDLETON, Defendant.

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Criminal Action No. 08-111-GMS

MOTION TO EXTEND TIME TO FILE PRE-TRIAL MOTIONS Defendant, Thomas Pendleton, by and through his undersigned counsel, Eleni Kousoulis, hereby moves the Court pursuant to Federal Rule of Criminal Procedure 45(b) and Local Rule 5(a), for an Order enlarging the time within which pre-trial motions may be filed. In support of this motion, the Defendant submits as follows: 1. 2. Pre-trial motions for this case are due by August 14, 2008. Mr. Pendleton is charged with a violation of Title 18 U.S.C. § 2423(c). The

constitutionality of this statute has not yet been decided by either the Supreme Court or the Third Circuit. Mr. Pendleton may wish to challenge the constitutionality of this statute. Defense counsel requires additional time to research this issue and to discuss this case with Mr. Pendleton to determine what pre-trial motions need to be filed. 3. Assistant United States Attorney, Ilana Eisenstein, the attorney handling this case for

the government, does not oppose the defense's request for an extension of time in which to file any pre-trial motions, making this motion unopposed.

Case 1:08-cr-00111-GMS

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Filed 08/12/2008

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4.

Defense counsel, therefore, respectfully requests a three week continuance in which

to file pre-trial motions, to allow her sufficient time to research the issues involved in this case and to discuss the case with Mr. Pendleton. 5. The defense agrees to waive, pursuant to the Speedy Trial Act, any additional time

given in which to file pre-trial motions. WHEREFORE, it is respectfully requested that the time for Defendant to file pre-trial motions be extended to September 4, 2008.

Respectfully Submitted,

/s/ Eleni Kousoulis Eleni Kousoulis, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 (302) 573-6010 [email protected] Attorney for Defendant Thomas Pendleton

Dated: August 12, 2008

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Case 1:08-cr-00111-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. THOMAS PENDLETON, Defendant.

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Criminal Action No. 08-111-GMS

ORDER Having considered Defendant Pendleton's Motion to Extend Time to File Pre-trial Motions, IT IS HEREBY ORDERED this motions in this matter shall be due on the day of day of , 2008, that pre-trial , 2008, and

that the time from August 14, 2008, up to the new due date for pre-trial motions to be filed shall be excluded under the Speedy Trial Act (18 U.S.C. § 3161, et seq.).

Honorable Gregory M. Sleet Chief Judge, United States District Court