Free Motion for Extension of Time to File - District Court of Delaware - Delaware

Case 1:05-cr-00104-JJF

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Filed 01/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v.

LEONARD GARNER, Defendant.

: : : : : : : : : :

Criminal Action No. 05-104-JJF

MOTION TO EXTEND TIME TO FILE PRETRIAL MOTIONS Defendant, Leonard Garner, by and through his undersigned counsel, Eleni Kousoulis, hereby moves the Court pursuant to Federal Rule of Criminal Procedure 45(b) and Local Rule 5(a) for an order enlarging the time within which pretrial motions may be filed. In support of this motion the Defendant submits as follows: 1. 2. Pre-trial motions for this case are due by January 27, 2006. Late in the afternoon of January 25, 2006, the government provided defense counsel

with a statement allegedly made by Mr. Garner at the time of his arrest in this case. 3. Defense counsel requires additional time to review this statement, as well as the other

evidence in this case, with Mr. Garner before it can be determined which, if any, pretrial motions need to be filed. 4. In order to allow defense counsel adequate time to review this statement and the

case in general with Mr. Garner, an extension of time in which to file any pre-trial motions is requested.

Case 1:05-cr-00104-JJF

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Filed 01/27/2006

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5.

Beth Moskow-Schnoll, Esquire, the attorney handling the case for the government,

does not object to the enlargement of time. 6. The parties have agreed that any additional time given in which to file pretrial

motions will be excludable under the Speedy Trial Act. WHEREFORE, it is respectfully requested that the time for Defendant to file pretrial motions be extended to anytime after March 1, 2006.

Respectfully Submitted,

/s/ Eleni Kousoulis, Esquire Assistant Federal Public Defender First Federal Plaza 704 King Street, Suite 110 Wilmington, Delaware 19801 Attorney for Defendant Leonard Garner

Dated: January 27, 2006

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Case 1:05-cr-00104-JJF

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Filed 01/27/2006

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CERTIFICATE OF SERVICE The undersigned attorney for defendant Leonard Garner hereby certifies that a copy of Defendant's Motion for Extension of Time to File Pretrial Motions is available for public viewing and downloading and was electronically delivered on January 27, 2006, to:

Beth Moskow-Schnoll, Esquire Assistant U.S. Attorney United States Attorney's Office 1007 Orange Street, Suite 700 Wilmington, DE 19801

/s/ Eleni Kousoulis, Esquire Assistant Federal Public Defender 704 King Street Suite 110 Wilmington, DE 19801 (302) 573-6010