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

Case 1 :08-cr-00061-SLR Document 15 Filed 05/01 /2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF ANIERICA, :
. v. A Criminal Action N0. 08-00061-UNA r
LESLIE SOTO, 2
Defendant.
MOTION TO ENLARGE THE TIME FOR THE FILING OF PRE-TRIAL MOTIONS
AND TO WAIVE THE APPLICATION OF THE SPEEDY TRIAL ACT
Defendant Leslie Soto, by her undersigned attorney, hereby moves the Court for an
order that enlarges the time period for the filing of pre-trial motions by 30 days and excludes this time
period from the Speedy Trial Act calculations. In support of this request, Defendant sets forth the
following:
1. Defendant Soto was arrested on March 5, 2008 and was indicted on April
10, 2008 on a single count of being a felon in possession of a handgun in violation of 18
U.S.C. § 922(g)(1) and 924(a)(2). _
2. Defendant Soto was arraigned before the Honorable Leonard P. Stark on
April 17, 2008. Counsel was advised at that time that pre-trial motions must be filed within
two weeks of the arraignment.
3. In response to Defendant’s discovery request, Special Assistant U.S.
Attorney Joseph S. Grubb responded by letter dated April 17, 2007[sic] and received by
counsel for the Defendant on April 21, 2008. On that same date, counsel for Defendant wrote to Mr.
Grtrbb requesting discovery generally and certain items in particular. The requested items have all been

Case 1:08-cr-00061-SLR Document 15 Filed 05/01/2008 Page 2 of 4
received with the exception of copies of any statements made by Defendant Soto’s Co—Defendants. As
a result of the same incident and/or transaction that led to the arrest of Defendant Soto, Carlos
Melendez and Noe Trinidad-Cruz were arrested and have been charged by the State of Delaware.
4. Upon information and belief Special Assistant U.S. Attorney Joseph S. Grubb is on
vacation this week and for that reason has not responded either to defense counsel’s letter of April 21,
2008 or to his subsequent telephone calls.
5. Counsel has communicated with Shawn Weede, Assistant United States Attorney and
can represent to the Court that this motion is not opposed by the Government.
6. Therefore, Defendant requests an extension of time of 30 days to obtain this additional
discovery from the Govermnent or to file a motion to compel if necessary. In addition, this additional
discovery may impact on Defendant Soto’s decision to file other pre—tria1 motions such as a motion to
suppress evidence.
WHEREFORE, Defendant Leslie Soto requests that the Court grant her an additional 30 days
within which to complete discovery and file pretrial motions and exclude this time period from the
Speedy Trial Act calculations.
JOSEPH W. BENSON, P.A.
/s/ Joseph W. Benson
Joseph W. Benson, Esquire
Bar lD# 196
/s/ Andrew G. Ahern IH, Esquire
Andrew G. Ahern IH
Bar ID# 2083
1701 North Market Street
P.O. Box 248
Wilmington, DE 19899
(302)656-8811
Attorney for Defendant, Leslie Soto
DATED: May 1, 2008

Case 1:08-cr-00061-SLR Document 15 Filed 05/01/2008 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AIVIERICA, :
v. : Criminal Action No. 08-00061-UNA
LESLIE SOTO, :
Defendant. :
ORDER
This day of 2008, the foregoing Motion to Enlarge the Time
for the Filing of Pre—Trial Motions and to Waive the Application of the Speedy Trial Act having been
heard and considered,
IT IS ORDERED that the motion is GRANTED and the time period for tiling of pre—trial ·
motions is enlarged from May 1, 2008 by 30 days and is excluded from the Speedy Trial Act
calculations. Pre—Trial motions are to be filed on or before Monday, June 2, 2008.
The Honorable Sue L. Robinson

Case 1:08-cr-00061-SLR Document 15 Filed 05/01/2008 Page 4 of 4
CERTIFICATE OF SERVICE
I, the Lmdersigned, Joseph W. Benson, Esquire, do hereby certify that I caused to be delivered
by first class mail 2 copies of the foregoing Motion to Enlarge the Time for the Filing of Pre—Trial
Motions and to Waive the Application of the Speedy Trial Act as follows:
Joseph R. Grubb, Esquire
Special Assistant United States Attorney
P.O. Box 2046 ‘
Wilmington, DE 19899-2046
JOSEPH W. BENSON, P.A.
/s/ Joseph W. Benson
Joseph W. Benson, Esquire
Bar 1D# 196
/s/ Andrew G. Ahem IH, Esquire
Andrew G. Ahern
Bar ]D# 2083
1701 North Market Street
P.O. Box 248
Wilmington, DE 19899
(302)656-8811
Attorney for Defendant
Leslie Soto
DATED: I\/lay 1, 2008

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