Free Motion to Continue - District Court of Delaware - Delaware

Case 1 :07-cr-00071-JJF Document 74 Filed O3/20/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff
v. Criminal Action No. 07-71 JJF
CHRISTOPHER BAXTER, et al.,
Defendants.
MOTION T0 CONTINUE TRIAL
The United States, by and through Colm F. Connolly, United States Attorney for the
District of Delaware, and Douglas E. McCann, Assistant United States Attorney for the District
of Delaware, hereby moves to continue the trial in this matter until April 21, 2008. The grounds
for this Motion are as follows:
1. The Indictment in this case was returned on May 22, 2007, and charged Yento Blyden,
Trvor Blyden, Christopher Baxter and Terrence Everett with violations of federal narcotics laws.
2. Yento Blyden and Trevor Blyden entered guilty pleas on November 26, 2007.
Christopher Baxter and Terrence Everett have thus far indicated that they intend to go to trial.
3. On January 11, 2008, the Court held a scheduling conference in this action. The Court set
a trial control date of March 21, 2008 ; however, the Court indicated that, in order to allow plea
discussions to continue, and in consideration of the representations of government and defense
counsel about their calendars, the Court would on request continue the trial until April 21, 2008.
4. A brief continuance to April 21, 2008, to allow the parties to continue plea discussions
and to further prepare the case for trial outweighs the defendants' and the public's right to a
speedy trial and is in the interests of justice.

Case 1:07-cr-00071-JJF Document 74 Filed O3/20/2008 Page 2 of 4
WHEREF ORE, the United States respectfully requests that the Court
continue trial in this action until April 21, 2008.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
By; r Q;¢»¢’§ Q /Li¢ H
Douglas , McCzum
Assistant United States Attorney
1007 Orange Street
Suite 700
P.O. Box 2046
Wilmington, Delaware 19899-2046
(302) 573-6277
DATED: March 20, 2008

Case 1 :07-cr-00071-JJF Document 74 Filed O3/20/2008 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Action No. 07-71 JJF
CHRISTOPHER BAXTER, et al.,
Defendants.
ORDER
WHEREAS, the Court set a trial control date of March 21, 2008;
WHEREAS, the United States filed a Motion to Continue Trial until April 21, 2008;
WHEREAS, based on the Motion to Continue Trial and the discussions with counsel for
the government and the defendants at the scheduling conference on January ll, 2008, the Court
finds that a brief continuance of trial in this matter until April 21, 2008, is in the interests of
justice and outweighs the defendants' and the public's interest in a speedy trial;
NOW THEREFORE, IT IS HEREBY ORDERED this ; day of ,
2008, that trial in this matter is continued until April 21, 2008. The Court finds that a
continuance until April 21, 2008, is in the interests of justice and excludes the time between the
date of this Order and April 21, 2008, from the computation of time under the Speedy Trial Act.

UNITED STATES DISTRICT JUDGE

Case 1:07-cr-00071-JJF Document 74 Filed O3/20/2008 Page 4 of 4
CERTIFICATE OF SERVICE
I, Douglas E. McCann hereby certify that I caused copies of the foregoing Motion to
Continue Trial to be served this 20°‘ day of March 2008, on the following counsel in the manner
indicated:
BY CM/ECF
John S. Malik, Esq.
100 East 14th. St.
Wilmington, DE 19801
(302) 427-2247
Fax: (302)427—2414
Email: [email protected]
BY HAND
Peter N. Letang, Esquire
1716 Wawaset Street
P.O. Box 188
Wilmington, DE 19899-0188
(302) 656-7247
J? , ,,l7 (Z, { /{L-Lil
` ougla E. McCann