Free Motion to Exclude - District Court of Delaware - Delaware

I Case 1 :06-cr-00031-JJF Document 50 Filed 10/17/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, I
v. ) Criminal Action No. 06-3 l-JJF
‘ I I FRANSICSO BARRERA-LOPEZ, g I
. SALVADOR MARTINEZ-TORRES, and )
I JOSE LUIS BECERRA-YEPEZ, )
_ _ Defendants. g
MOTION AND ORDER
FOR EXCLUSION OF TIME UNDER SPEEDY TRIAL ACT at
I COMES NOW the United States of America, by and through its attomeys, Cohn F. Connolly,
United States Atforney 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 g g. In support of the motion, the United ;
States respectfully states as follows:
1. On August 15, 2006, the Court held a scheduling conference, during which the parties i
- explained that guilty pleas were anticipated but that an additional period of time was necessary for
I negotiations. The Court continued the scheduling conference to a date indefinite but ordered that
counsel tile a status letter by October 6, 2006. Time under the Speedy Trial Act was excluded by -
I the Cotut through October 6, 2006.
` I 2. By letter of October 6, 2006, the United States advised the Cotut that defendant Barrera-
Lopez is prepared to enter a guilty plea. That change of plea hearing is scheduled for October 25, j
2006. I I

Case 1 :06-cr-00031-JJF Document 50 Filed 10/17/2006 Page 2 of 3
3. The United States anticipates that within two weeks after November 25, 2006, which is
November 8, 2006, it should be clear whether all three defendants will enter guiltypleas. The United n
States has made to co—defendants Salvador Martinez—Torres and Jose Luis Becertra-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-Lop ez first entering his guilty plea.
4. The Speedy Trial Act provides that the Court may exclude time under the Act "on the
basis of his Endings 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. § 3 16l(h)(8)(A).
5. The Speedy Trial Act also provides that the Court may exclude time under the Act for
"delay resulting nom consideration by the court of a proposed plea agreement to be entered into by
the defendant and the attorney for the Govermnent." 18 U.S.C. § 316l(h)(1)(I).
WI-IEREFORE, the United States respectfully requests that, pursuant to 18 U.S.C.
§ 3 16 1 (h)(8)(A) and (h)(l)(1), the period commencing with this Motion through November 8, 2006,
be excluded under the Speedy Trial Act.
COLM F. CONNOLLY
United States X
. Edmond Falgowslq ;
Assistant United States Attorney
. Dated:/O'/7*0Q
IT IS S0 ORDERED this _____ day of , 2006.
A A
_ _ p United States District Court

0 Case 1 :06-cr-00031-JJF Document 50 Filed 10/17/2006 Page 3 of 3
CERTIFICATE OF SERVICE
UNITED STATES OF AMERICA )
)
v. ) Criminal Action No. 06-3 1-.1 JF
)
FRANSICSO BARRERA—LOPEZ, )
SALVADOR MARTINEZ-TORRES, and )
JOSE LUIS BECERRA-YEPEZ, )
)
Defendants. )
_ I, Sharon Bernardo, employee with the United States Attorney's Office, hereby certify that on
October 17, 2006, I electronically filed the MOTION AND ORDER FOR EXCLUSION OF TIME
UNDER SPEEDY TRIAL ACT with the Clerk of the Court using the CM/ECF which will send
notification of such filing to:
CHRISTOPHER KOYSTE, ESQUIRE UBEL G. VELEZ, ESQUIRE
ecf ck@,msn.com [email protected]
and by causing a two copies of said document to be placed in a postage prepaid envelope, placed in
the United States Mail, and addressed to counsel of record, as follows:
I - JOSEPH W. BENSON, ESQUTRE JOSE LUIS ONGAY, ESQUIRE I
· 1701 N. Market Street 521 South 2nd Street
P.O. Box 248 Philadelphia, PA 19147-2417
Wilmington, DE 19899 . p
I // J , .
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