Free Order on Motion for Extension of Time to Indictment - District Court of Delaware - Delaware

Case 1 :08-cr-000O2—Gl\/IS Document 12 Filed 12/11/2007 Page 1 of 2
UNITED STATES DISTRICT COURT E
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA :
: Criminal Action No. 07-229-UNA
Plaintiff, :
v. : E
GARY JOHNSON, j
Defendant.
UNOPPOSED MOTION AND ORDER U
" FOR EXCLUSION OF SPEEDY TRIAL ACT i
COMES NOW the United States of America, by and through its attorneys, Colm F.
Connolly, United States Attorney for the District of Delaware, and Seth M. Beausang, Assistant
United States Attorney for the District of Delaware, and respectfully moves this Court for an
Order excluding time pursuant to the Speedy Trial Act, 18 U.S.C. § 3161 Q _@. In support of A-
the motion, the United States respectfully states as follows:
1. The Speedy Trial Act generally provides in 18 U.S.C. § 3 l6l(b) that an “indictment ly
charging an individual with the commission of an offense shall be tiled within thirty days from _
U the date on which such individual was arrested."-
2. The Defendant is currently undergoing a court·ordered examination to determine his
mental compentency.
3. At § 3161(h)(l)(A), the Speedy Trial Act excludes from the Act, "de1ay resulting
from any proceeding, including any examinations, to determine the mental competency or
physical capacity ofthe defendant? l E

Case 1 :08-cr-000O2—G|\/IS Document 12 Filed 12/11/2007 Page 2 of 2 2
· e
4. Counsel for the Defendant and the Government have begun discussions about a
possible resolution of this matter and cannot complete those discussions until the competency of
the Defendant is determined.
5. Accordingly, the United States requests that the period between the date of this Order
and the conclusion ofthe proceedings to determine the Defendant’s cornpentecy, including any
hearing in connection therewith, be excluded under the Speedy Trial Act.
6. The United States has reviewed this motion with counsel for Defendant and defense
counsel has no objection to the motion. i
WHEREFORE, the United States respectfully requests that, pursuant to 18 U.S.C.
§ 316l(h)(1)(A), the period between the date of this Order and the conclusion of the proceedings
to determine the Defendant’s compentecy, including any hearing in connection therewith, be
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excluded under the Speedy Trial Act.
COLM F. CONNOLLY
United States Attorney
BY: /s/ Seth M. Beausang
Seth M. Beausang
Assistant United States Attorney
Dated: _
IT IS SO ORDERED this _!_L_ day u ;)`e’l’Q'vl}>9*/ ,2007.
f cc Q l W

United States Magistrate Court
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Case 1:08-cr-00002-GMS

Document 12

Filed 12/11/2007

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Case 1:08-cr-00002-GMS

Document 12

Filed 12/11/2007

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