Free Motion to Continue - District Court of Delaware - Delaware

. Case 1 :07-cr-00038-JJF Document 1 1 Filed 06/06/2007 Page 1 of 4 I
IN THE UNITED STATES DISTRICT COURT
_ ` _ FOR THE DISTRICT OF DELAWARE
_ UNITED STATES OF AMERICA, )
)
‘ v. ) _
‘ ) Criminal Action N0. 07-38~JJF E
CRISTLAN OREIUELA )
aka Christian Munoz, )
i Defendant. g
MOTION FOR CONTINUAN CE OF SUPPRESSION HEARING AND FOR
EXCLUSION OF TIME UNDER SPEEDY TRIAL ACT .
p NOW COMES the United States, through counsel, and respectfully states as follows: I
. 1. This Court has scheduled a hearing on the Defendant’s Motion to Suppress Physical
‘ Evidence and Statements for June 13, 2007, at 1:30 p.m. `
2. Delaware State Troopers John Penrod and Adalberto Garcia were the two officers
who participated in the post—arrest interview of the defendant. _
. 3. One of the primary issues at the upcoming suppression hearing is whether the l
defendant received the Miranda warnings and whether he understood those warnings. As such, it .
wvill be necessary for one of the two officers to testify at the hearing. l
· 4. Both Trooper Penrod and Trooper Garcia are unavailable on June 13, 2007, because T
they will both be on previously scheduled out—of—state vacations. The United States respectfully
_ l requests a continuance based _on these ofHcers’ unavailability at the scheduled time.
5. Defense counsel indicated telephonically that he does not oppose this request. ii
_ _ 6. The United States further requests that the Court exclude any time from the date of
filing of this Motion, until the date of the scheduled suppression hearing. ‘ 1

E I Case 1 :07-cr-00038-JJF I Document 11 Filed 06/06/2007 Page 2 of 4
5. The United States submits that, in the interest of justice, 18 U.S.C. §3l61(h)(8)(A),
the Court exclude under the Speedy Trial Act the time from the date of this docurnent’s filing until
p the date of the suppression hearing, and find that the ends of justice served by such a brief
continuance would outweigh the best interest of the public and the defendant in a speedy trial.
A WHEREFORE, the United States respectfully requests that the,Court continue the hearing
on the defendant’s motion to suppress, and exclude time under the Speedy Trial Act.
j H Respectfully submitted, U n
i COLM F. CONNOLLY
‘ United States Attorney -
BY: /s/Hana H. Eisenstein
Ilana H. Eisenstein
A - A Assistant United States Attorney
· l Dated; June 6, 2007 l l n

l

Case 1 :07-cr-00038-JJF Document 11 Filed 06/06/2007 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
p FOR THE DISTRICT OF DELAWARE
Q UNITED STATES OF AMERICA, )
)
Q v. )
‘ ) Criminal Action N0. O7—38-JJF
CRISTIAN OREJUELA )
- aka Christian Munoz, )
- )
Defendant. ) _
A ORDER
IT IS HEREBY ORDERED this day of , 2007, that the hearing on the
j Defendant’s Motion to Suppress Evidence and Statements in this case be re—scheduled for
. at ; and P
IT IS FURTHER ORDERED that the time from today’s date until the date ofthe suppression
hearing is excluded under the Speedy Trial Act, and that such an exclusion is in the interests of l
justice, and that the interest of resolving the case without a trial outweighs the public’s and the
defendant’s interest in a speedy trial. `
Honorable Joseph J. Farnan, Jr.
. United States District Judge - =

Case 1 :07-cr-00038-JJF Document 11 Filed 06/06/2007 Page 4 of 4
Z IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
A UNITED STATES OF AMERICA )
)
v. ) Criminal Act. No. 07-38-JJF
] CRISTLAN OREJUELA )
aka Christian Munoz, A )
Defendant. )
l CERTIFICATE OF SERVICE
_ ` I, Jennifer Brown, an employee in the Office of the United States Attorney, hereby certify
E under penalty of perjury that on June 6, 2007, I electronically filed:
MOTION FOR CONTINUAN CE OF SUPPRESSION HEARING AND FOR
EXCLUSION OF TIME UNDER SPEEDY TRIAL ACT
with the Clerk of Court using CM/ECF. Said document is available for viewing and downloading
` nom CM/ECF, which will send notification of such iiling(s) to the following:
l Edson A. Bostic, Esquire
.. Federal Public Defender
District of Delaware
704 King Street, Suite ll0
Wilmington, DE 19801
/s/Jennifer Brown
. Jennifer Brown -