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

Case 1:08-cr-00060-GMS

Document 13

Filed 04/29/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. MALIK SAMUELS, Defendant.

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Criminal Action No. 08-60-GMS

MOTION TO EXTEND TIME TO FILE PRE-TRIAL MOTIONS Defendant, Malik Samuels, 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 May 1, 2008. Defense counsel did not receive discovery in this case until April 29, 2008. Although

the government timely sent out discovery to defense counsel, due to an error by the parcel service utilized by the government, defense counsel did not receive the discovery until April 29, 2008. 3. Defense counsel needs time to review the newly received discovery and to review the

case with Mr. Samuels to determine what, if any, pre-trial motions need to be filed. 4. Assistant United States Attorney, Robert Kravetz, 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. 5. Defense counsel, therefore, respectfully requests an additional 10 days in which to file

Case 1:08-cr-00060-GMS

Document 13

Filed 04/29/2008

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pre-trial motions, to allow her sufficient time to review the discovery in this case and to discuss the case in general with Mr. Samuels. 6. 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 to anytime after May 9, 2008.

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 Malik Samuels

Dated: April 29, 2008

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Case 1:08-cr-00060-GMS

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Filed 04/29/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. MALIK SAMUELS, Defendant.

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Criminal Action No. 08-60-GMS

ORDER Having considered Defendant Samuels' Motion to Extend Time to File Pre-trial Motions, IT IS HEREBY ORDERED this motions in this matter shall be due on the day of day of , 2008, that pre-trial , 2008, and

that the time from May 1, 2008 up to the new due date for pre-trial motions to be filed shall be excluded under the Speedy Trial Act (18 U.S.C. § 3161, et seq.).

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