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

Case 1:08-cr-00084-GMS

Document 13

Filed 07/09/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. JAVIER GUZMAN, Defendant.

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Criminal Action No. 08-84-GMS

MOTION TO EXTEND TIME TO FILE PRE-TRIAL MOTIONS Defendant, Javier Guzman, 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 pre-trial 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 July 10, 2008. Defense counsel needs additional time to review this case with Mr. Guzman.

Although defense counsel does not anticipate filing any pre-trial motions in this case, counsel requires additional time to educate Mr. Guzman as to the reasons why counsel believes that no viable pre-trial motions are present in this case, or for Mr. Guzman to provide additional information to counsel to establish a basis for the filing of pre-trial motions. 3. Assistant United States Attorney, Christopher Burke, the attorney handling this case

for the government, does not oppose the defense's request for an enlargement of time in which to file any pre-trial motions, making this motion unopposed.

Case 1:08-cr-00084-GMS

Document 13

Filed 07/09/2008

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4.

Defense counsel, therefore, respectfully requests an additional 10 days in which to file

pre-trial motions. 5. The defense agrees to waive, pursuant to the Speedy Trial Act, any additional time

given in which to file pre-trial motions. WHEREFORE, it is respectfully requested that the time for Defendant to file pre-trial motions be extended.

Respectfully Submitted,

s/ Eleni Kousoulis Eleni Kousoulis, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 (302) 573-6010 [email protected] Attorney for Defendant Javier Guzman Dated: July 9, 2008

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Case 1:08-cr-00084-GMS

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Filed 07/09/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. JAVIER GUZMAN, Defendant.

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Criminal Action No. 08-84-GMS

ORDER Having considered Defendant Guzman's Motion to Extend Time to File Pre-trial Motions, IT IS HEREBY ORDERED this day of day of , 2008, that Defendant , 2008.

Guzman's pre-trial motions shall be due on the

IT IS FURTHER ORDERED that the time between July 10, 2008 and the new date in which to file pre-trial motions shall be excludable under the Speedy Trial Act (18 U.S.C. § 3161, et seq.).

Honorable Gregory M. Sleet Chief Judge, United States District Court