Free Motion to Continue - District Court of Delaware - Delaware

Case 1 :05-cr-00105-JJF Document 33 Filed 09/26/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF DELAWARE I
UNITED STATE OF AMERICA :
: Criminal Action No.: 05-105 TTF
vs. :
ERNEST WILSON
MOTION FOR CONTINUANCE
I Defendant, Emest Wilson, by and through his counsel, Michael J. Malloy, Esquire hereby A
moves this Court for a continuance and in support hereof avers the following:
1. That on December 12, 2005 defendant was arrested and charged with the following
indictment: Theft of mail by a Postal Employee (3 counts) pursuant to 18 U.S.C. §l709 and
Interstate Transportation of Stolen Property pursuant to 18 U.S.C. §23l2.
2. That a jury trial was held in this matter was held before the Honorable Joseph J. Farnan, Jr. on
July 6, 2006, at the conclusion of which defendant was found guilty of all of the above
mentioned charges. `
3. That sentencing in this matter has been scheduled by the Court for October 26, 2006.
4. That defense counsel has yet to receive the pre—sentence report and further defense counsel’s
trial schedule has made it difficult to meet with the defendant and his potential witnesses to
adequately prepare for sentencing. {
5. That the government has no objection and would join in the request for continuance due to the
fact that the Goverrrment’s counsel is due to be in Colorado on a government related matter on
the same time and date.
6. That pursuant to F.R.C.P. 32 (b) (2) that his is good cause to continue the sentencin§-in K6
matter. 5(·,,,,,~/
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Case 1 :05-cr—O0105-JJF Document 33 Filed 09/26/2006 Page 2(of 3
WHEREFORE defendant prays that this Court enter an Order in accordance with F.R.C.P. 32
Granting this continuance to a date not to exceed 60 days from October 26, 2006.
Respectfully submitted,
as l
I ,,» ·"'Y-w“""`··~. E / \ .

x M`.,
MIC AEL J. MALLOY, ESQ.
Identification No.: 24446
10 Veterans Square
Media, PA 19063
(610) 565-9145
(610) 565-1602 - fax
I

Case 1 :05-cr-00105-JJF Document 33 Filed 09/26/2006 Page 3sof 3
IN THE UNITED STATES DISTRICT COURT FOR THE -
DISTRICT OF DELAWARE I
UNITED STATE OF AMERICA ;
: Criminal Action No.: 05-105
VS. Z .
ERNEST WILSON
ORDER t
AND NOW, this day of n, 2006 upon Motion of Michael J.
Malloy, Esquire, Attorney for defendant, Emest Wilson, and pursuant to Federal Rules of
Criminal Procedure No. 32, it is ORDERED and DECREED that the defendant, be granted a
continuance.
BY THE COURT:
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