Free Motion to Continue - District Court of Delaware - Delaware

Case 1 :98-cr—OOO38-SLR Document 74 Filed 10/O9/2007 Page 1 of 4
2[llll GET ··9 itl ll* G2 FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Action No. 98-38-SLR
SI-IAWN CUFF
Defendant. A
DEFENDANT’S UNOPPOSED MOTION FOR CONTINUAN CE OF
REVOCATION OF SUPERVISED RELEASE HEARING
Defendant, Shawn D. Cuff, by and through his undersigned counsel, Keir Bradford, hereby
moves the Court for an Order continuing the Revocation of Supervised Release Hearing in this case.
In support of this motion, Mr. Cuff submits as follows:
1. On or about September 27, 2007, the Federal Public Defender’s Office was appointed
to represent Mr. Cuff, who is charged under Indictment with possession with intent to distribute
cocaine base, and Oxycodone on July 18, 2007, in violation of 18 U.S.C. § 84l(a)(l) and (B)(1)(C),
and with possession with intent to distribute more than 5 grams of cocaine base on July 22, 2007,
in violation 18 U.S.C. § 841(a)(1) and (b)(1)(B). Mr. Cuff was serving a period of supervised release
when charged for the instant offense.
2. Mr. Cuff’ s revocation hearing is currently set for October 10, 2007 at 11:30 a.m.
3. On October 2, 2007 Mr. Cuff was arraigned before, Magistrate Judge T hygne, at
which time Mr. Cuff waived his right to a preliminary hearing on the violation of supervised release. .
Additionally Judge Thygne informed Mr. Cuff that both his violation and his new matter would be

Case 1:98-cr—OOO38-SLR Document 74 Filed 10/O9/2007 Page 2 of 4
listed in front of your Honor.
5. Defense counsel anticipates that the new matter will be settled through a non- trial
disposition. As such we respectfully request that the revocation hearing be postponed until after Mr.
Cuff is sentenced on the new matter.
6. Accordingly, Mr. Cuff believes that this will help better gage an appropriate sentence
to impose at that time.
7. Assistant United States Attomey, Shawn Weede, counsel for the government, and
United States Probation Officer, Craig Carpenter, do not oppose this request.
WHEREFoRE, it is respectfully requested that this Court issue an Order continuing the
revocation hearing to anytime after sentencing on the new matter.
Respectfully submitted,

K ir Bradford
Assistant Federal Public Defender
Attomey for Defendant Shawn Cuff
One Customs House
704 King Street, Suite 110
Wilmington, DE 19801
(302) 573-6010
ecf de@,msn.com
Dated: October 9, 2007
2

Case 1 :98-cr—OOO38-SLR Document 74 Filed 10/09/2007 Page 3 of 4
CERTIFICATE OF SERVICE
The undersigned attorney for defendant hereby certifies that two (2) copies of the attached
Unopposed Motion for Continuance of Revocation of Supervised Release Hearing and Order were
hand delivered to the box designated in the Clerk's Office to:
Shawn Weede, Esquire
Assistant United States Attorney
1007 Orange Street, Suite 700
Wilmington, DE 19801
Craig Carpenter
United States Probation Officer
824 Market Street
Wilmington, DE 19801
I ,}
Keir Bradford
Assistant Federal Public Defender
Attorney for Defendant Shawn Cuff
One Customs House
704 King Street, Suite 110
Wilmington, DE 19801
(302) 573-6010
ecf [email protected]
Dated: October 9, 2007

Case 1 :98-cr—OOO38-SLR Document 74 Filed 10/O9/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff]
v. Criminal Action N0. 98-38-SLR
SHAWN CUFF,
Defendant.
ORDER
Having considered Defendant’ s Unopposed Motion For Continuance of Revocation Hearing
of Supervised Release;
IT IS HEREBY ORDERED this day of , 2007, that
Defendant Cuffs’ Violation Hearing shall be on the day of , 2007 at a.m./p.m.
HONORABLE SUE L. ROBINSON
United States District Court