Free Motion to Continue - District Court of Delaware - Delaware


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Case 1:07-cr-00048-GMS

Document 25

Filed 10/25/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. TYRONE ROANE, Defendant.

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Criminal Action No. 07-48-GMS

DEFENDANT'S MOTION TO POSTPONE PRE-TRIAL CONFERENCE Defendant, Tyrone Roane, through his undersigned counsel, Edson A. Bostic, hereby files the instant Motion to Postpone the Pre-trial Conference in the above-captioned matter. In Support thereof, it is averred: 1. Mr. Roane is charged in a three count Indictment with possession with intent to

distribute more than five (5) grams of a mixture and substance containing a detectable amount of cocaine base ("crack"), a controlled substance, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(B); possession of a firearm by a convicted felon, in violation of 18 U.S.C. 922(g)(1); and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A). 2. Trial in this matter is scheduled to begin on November 19, 2007, and a Pre-trial

Conference was scheduled for October 29, 2007, at 10:00a.m. 3. Counsel is requesting a postponement of the Pre-trial Conference because counsel is

scheduled to begin a trial in United States v. Kevin Pearsall, Criminal Action No. 06-118-JJF, on October 29, 2007.

Case 1:07-cr-00048-GMS

Document 25

Filed 10/25/2007

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4.

No prior motion was made to postpone this matter because, until recently, there was

still the possibility that the Pearsall matter may have resulted in a non-trial disposition. 5. Counsel expects that the Pearsall trial will conclude by end of the day on October 31,

2007. Counsel, nonetheless, will make himself available to this Court for attendance at the Pre-trial Conference, if it can be held during the lunch recess on October 29, 2007, if that time is convenient to the Court and counsel for the government. WHEREFORE, it is respectfully requested that this Court enter an Order postponing the Pre-trial Conference in the above-captioned matter.

Respectfully submitted,

/s/ EDSON A. BOSTIC Federal Public Defender 704 King Street, Suite 110 Wilmington, DE 19801 (302) 573-6010 [email protected] Attorney for Defendant Tyrone Roane

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Case 1:07-cr-00048-GMS

Document 25-2

Filed 10/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. TYRONE ROANE, Defendant.

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Criminal Action No. 07-48-GMS

ORDER Having considered Defendant's Motion To Postpone the Pre-trial Conference; IT IS HEREBY ORDERED this day of day of , 2007, that , 2007, at _____

Defendant Roane's Pre-trial Conference shall be held on the a.m./p.m.

HONORABLE GREGORY M. SLEET Chief Judge, United States District Court