Free Order on Motion to Exclude - District Court of Delaware - Delaware

Case 1 :06-cr-00031-JJF Document 51 Filed 10/18/2006 Page 1 of 2
~ IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE I
UNITED STATES OF AMERICA, )
Plaintiff, I
v. ) Criminal Action No. 06-31-ITF
)
EEESSSSE £3.{EP§i§-§;?$§§?sS, .....1 3 [Hg
JOSE LUIS BECERRA-YEPEZ, ) A
Defendants. I . OCT 1.8 ZODB ‘ I
" l
MOTION AND ORDER ' ` ` `
FOR EXCLUSION OF TIME UNDER SPEEDY TRIAL ACT
COMES NOW the United States of America, by and through its attorneys, Colm F. Connolly,
United States Attorney for the District of Delaware, and Edmond Falgowski, Assistant United States
Attorney for the District of Delaware, and respectfully moves this Court for an Order excluding time
pursuant to the Speedy Trial Act, 18 U.S.C. § 3161 gt gi. In support of the motion, the United
States respectfully states as follows:
l. On August 15, 2006, the Court held a scheduling conference, during which the parties
explained that guilty pleas were anticipated but that an additional period of time was necessary for
negotiations. The Court continued the scheduling conference to a date indefinite but ordered that
counsel file a status letter by October 6, 2006. Time under the Speedy Trial Act was excluded by
the Court through October 6, 2006.
2. By letter of October 6, 2006, the United States advised the Court that defendant Barrera-
Lopez is prepared to enter a guilty plea. That change of plea hearing is scheduled for October 25,
2006. _ l

Case 1 :06-cr-00031-JJF Document 51 Filed 10/18/2006 Page _ cjfyg
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3. The United States anticipates that within two weeks after 2006, which is
November 8, 2006, it should be clear whether all three defendants will enter guilty pleas. The United
States has made to co-defendants Salvador Martinez-Torres and Jose Luis Becerra-Yepez plea offers
identical to that which has been accepted by Fransicso Barrera—Lopez, except that those plea offers
are contingent upon co-defendant Francisco Barrera—Lopez first entering his guilty plea.
4. The Speedy Trial Act provides that the Court may exclude time under the Act "0n the
basis of his findings that the ends of justice served by taking such action outweigh the best interest
ofthe public and the defendant in a speedy trial." 18 U.S.C. § 3l61(h)(8)(A).
5. The Speedy Trial Act also provides that the Court may exclude time under the Act for
"delay resulting from consideration by the court of a proposed plea agreement to be entered into by
the defendant and the attorney for the Government." 18 U.S.C. § 3161(h)(1)(I).
WHEREFORE, the United States respectfully requests that, pursuant to 18 U.S.C.
§ 3161(h)(8)(A) and (h)(1)(I), the period commencing with this Motion through November 8, 2006,
be excluded under the Speedy Trial Act.
COLM F. CONNOLLY
United States I M
B ,,,,. t/
Edmond Falgowski
Assistant United States Attomey
Dated: [O' { 7-·· O Q
IT IS SO ORDERED this I gb! day of , 2006.
LMC- . C-LM-»t»»-_, i
Honorab Jose h J. rnan, Jr. "·-’
United`Siates District Court
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