Free Motion to Exclude - 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-UNA ) ) ) )

GOVERNMENT'S SECOND MOTION 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. A District Court Judge has not yet been assigned to this matter. As soon as one is assigned,

the government intends to request that a Change of Plea Hearing be scheduled. 6. In light of the above, the government requests that the Court exclude the time from the date

Case 1:07-cr-00173-SLR

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of this motion until January 31, 2008, 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 Second Motion 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: December 28, 2007

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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-UNA ) ) ) ) ORDER Having considered the Government's Second Motion to Exclude Time, IT IS HEREBY ORDERED that the period from December 28, 2007, through January 31, 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 Leonard P. Stark United States Magistrate 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-UNA ) ) ) )

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 28th day of December, 2007, I had a copy of the Government's Second Motion 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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