Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:08-cr-00041-GMS

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Filed 08/08/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, vs. JAMES COOK, Defendant. ) ) ) ) ) ) ) ) )

Criminal Action No. 08-41-GMS

MOTION FOR A STATUS CONFERENCE NOW COMES the United States of America, by and through its attorneys, Colm F. Connolly, United States Attorney for the District of Delaware, and Shawn A. Weede, Assistant United States Attorney for the District of Delaware, and hereby submits the following: 1. On March 4, 2008, defendant James Cook was indicted with one count of attempting to

possess with intent to distribute a mixture and substance containing a detectible amount of cocaine, in violation of U.S.C. §§ 841(a)(1), (b)(1)(C), and 846, and one count of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). 2. On May 1, 2008, the defendant filed a motion to suppress evidence (D.I. 18). An evidentiary

hearing on the motion was held before the Honorable Joseph J. Farnan, Jr. on June 5, 2008, and the parties have filed post-hearing briefing. 3. On July 28, 2008, Judge Farnan recused himself from the case (D.I. 27). Thereafter, on July

30, 2008, the case was reassigned to the Honorable Gregory M. Sleet (D.I. 28). 4. The government respectfully requests that the Court set a status conference to discuss further

proceedings in the case. 5. The government also respectfully requests that the Court exclude the time from the date

Case 1:08-cr-00041-GMS

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of this motion until the date it sets for the status conference under the Speedy Trial Act (18 U.S.C. § 3161 et seq.). The government submits that the time is excludable because the ends of justice served by the delay outweigh the best interest of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h). WHEREFORE, the government respectfully requests that the Court grant its Motion for a Status Conference. A proposed Order is attached.

Respectfully submitted, COLM F. CONNOLLY United States Attorney By: /s/ Shawn A. Weede Shawn A. Weede Assistant United States Attorney

Dated:

August 8, 2008

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Case 1:08-cr-00041-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, vs. JAMES COOK, Defendant. ) ) ) ) ) ) ) ) ) ORDER Having considered the government's Motion for a Status Conference, IT IS HEREBY ORDERED that a status conference is set for _________________________, 2008, at ___________ a.m./p.m. IT FURTHER ORDERED that the period from the date of this motion through the date of the above status conference is excluded under the Speedy Trial Act, because the ends of justice served by the delay outweigh the best interest of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h).

Criminal Action No. 08-41-GMS

___________________________ The Honorable Gregory M. Sleet Chief, United States District Judge Dated:

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