Free Motion to Continue - District Court of Delaware - Delaware

Case 1:08-cr-00057-JJF

Document 14

Filed 05/22/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. DAWANN DIXON, Defendant.

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Criminal Action No. 08-57-JJF

DEFENDANT'S UNOPPOSED MOTION FOR CONTINUANCE OF CHANGE OF PLEA HEARING Defendant, Dawann Dixon, by and through his undersigned counsel, Eleni Kousoulis, hereby moves the Court for an Order continuing the Change of Plea Hearing in this case. In support of this Motion, the Defendant submits as follows: 1. A Change of Plea Hearing in this matter is currently scheduled for June 3, 2008, at

11:00 a.m. Trial is to commence on July 14, 2008, should a plea agreement not be reached. 2. The parties are still attempting to negotiate a plea agreement in this matter and require

additional time in which to do so. Mr. Dixon has a matter pending in Delaware state court and the posture of that case will factor into Mr. Dixon's decision as to whether or not to plead guilty in the instant matter. The state court case is scheduled to go in front of the Grand Jury on Tuesday, May 27, 2008, at which time the parties will have a better sense of the posture of that case. The parties are attempting to reach a resolution as to both Mr. Dixon's federal case and his pending state court case.

Case 1:08-cr-00057-JJF

Document 14

Filed 05/22/2008

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3.

The parties do not anticipate that they will have all of the necessary information

regarding Mr. Dixon's state court case in sufficient time to reach a plea agreement by June 3, 2008. Therefore, a three-week continuance of the Change of Plea Hearing is respectfully requested.1 4. Special Assistant United States Attorney, Joseph Grubb, counsel for the government,

does not oppose this continuance request. WHEREFORE, it is respectfully requested that this Court issue an Order continuing the Change of Plea Hearing in this matter to anytime after June 23, 2008.

Respectfully Submitted,

/s/ Eleni Kousoulis ELENI KOUSOULIS, ESQUIRE Assistant Federal Public Defender One Customs House 704 King Street, Suite 110 Wilmington, Delaware 19801 (302) 573-6010 [email protected] Attorney for Defendant Dawann Dixon Dated: May 22, 2008

Defense counsel will be out of the office from May 23, 2008, through May 30, 2008, returning to the office on June 2, 2008.

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Case 1:08-cr-00057-JJF

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Filed 05/22/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. DAWANN DIXON, Defendant.

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Criminal Action No. 08-57-JJF

ORDER Having considered Defendant's Unopposed Motion For Continuance of Change of Plea Hearing; IT IS HEREBY ORDERED this day of day of , 2008, that , 2008,

Defendant Dixon's Change of Plea Hearing shall be on the at ________ a.m./p.m.

IT IS FURTHER ORDERED, in the interests of justice, that the time from June 3, 2008 up until the date of the rescheduled Change of Plea Hearing , shall be excludable under the Speedy Trial Act (18 U.S.C. § 3161, et seq.).

Honorable Joseph J. Farnan, Jr. United States District Court