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

Case 1:08-cr-00002-GMS

Document 11

Filed 12/05/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA Plaintiff, v. GARY JOHNSON, Defendant.

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Criminal Action No. 07-229-UNA

UNOPPOSED MOTION AND ORDER FOR EXCLUSION OF SPEEDY TRIAL ACT 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 et seq. In support of the motion, the United States respectfully states as follows: 1. The Speedy Trial Act generally provides in 18 U.S.C. § 3161(b) that an "indictment

charging an individual with the commission of an offense shall be filed within thirty days from 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)(1)(A), the Speedy Trial Act excludes from the Act, "delay resulting

from any proceeding, including any examinations, to determine the mental competency or physical capacity of the defendant."

Case 1:08-cr-00002-GMS

Document 11

Filed 12/05/2007

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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 of the proceedings to determine the Defendant's compentecy, 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. WHEREFORE, the United States respectfully requests that, pursuant to 18 U.S.C. § 3161(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 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 _______ day of _____________________, 2007.

Honorable Leonard P. Stark United States Magistrate Court 2