Free Motion for Hearing - District Court of Delaware - Delaware

Case 1:07-cr-00173-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM VANOVER, Defendant. ) ) ) ) ) Criminal Action No. 07-173-SLR ) ) ) )

GOVERNMENT'S MOTION FOR A CHANGE OF PLEA HEARING AND TO EXCLUDE TIME 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. 2. 3. The defendant was arrested on September 21, 2007. The defendant is currently on pre-trial release. Counsel for the defendant, Gordon L. McLaughlin, Esquire, has advised the government that

his client wishes to waive Indictment, proceed by felony Information, and enter into the government's proposed Memorandum of Plea Agreement. 4. On December 20, 2007, the government filed a felony Information, charging the defendant

with one count of violating 18 U.S.C. § 922(g)(1). 5. The government requests that the Court schedule a hearing where the defendant may waive

Indictment and change his plea. 6. A copy of the proposed Memorandum of Plea Agreement will be forwarded to the Court

under separate cover. 7. The government further requests that the Court exclude the time from the date

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of this motion until the date it sets for the above hearing 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 Change of Plea Hearing and to Exclude Time. 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: January 3, 2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM VANOVER, Defendant. ) ) ) ) ) Criminal Action No. 07-173-SLR ) ) ) ) ORDER Having considered the Government's Motion for a Change of Plea Hearing and to Exclude Time, IT IS HEREBY ORDERED that a Change of Plea Hearing is scheduled for the _____ of ________________, 2008. IT IS FURTHER ORDERED that the period from January 3, 2008, through the _____ of ________________, 2008, 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).

___________________________ The Honorable Sue L. Robinson United States District Judge Dated:

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM VANOVER, Defendant.

) ) ) ) ) Criminal Action No. 07-173-SLR ) ) ) )

CERTIFICATE OF SERVICE I, Shawn A. Weede, Assistant United States Attorney for the District of Delaware, hereby attest under penalty of perjury that on the 3rd day of January, 2008, I had a copy of the Government's Motion For a Change of Plea Hearing and to Exclude Time sent to the following by mail: Gordon McLaughlin, Esq. 1203 N. Orange Street Wilmington, Delaware 19801

/s/ Shawn A. Weede Shawn A. Weede Assistant United States Attorney

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