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

Case 1:07-cr-00157-SLR

Document 15

Filed 02/25/2008

Page 1 of 4

IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, vs. PHILIP GRAHAM, Defendant. CRIMINAL ACTION NO. 1:07-CR-157-SLR

MOTION TO EXTEND TIME TO FILE PRE-TRIAL MOTIONS

Defendant, Phillip Graham, by and through his undersigned counsel, Clayton A. Sweeney, Jr., hereby moves the Court pursuant to Federal Rule of Criminal Procedure 45(b) and Local Rule 5(a), for an Order enlarging the time within which pre-trial motions may be filed. In support of this motion, the Defendant submits as follows: 1. Pre-trial motions for this case are due by February 29, 2008. 2. Mr. Graham has retained new counsel in this matter whom have just recently filed a notice of appearance and motion for admission pro hac vice in this matter. 3. Newly appearing defense counsel requires additional time to sufficiently review discovery with Mr. Graham and determine what, if any, pre-trial motions need to be filed, draft those motions and file them.

Case 1:07-cr-00157-SLR

Document 15

Filed 02/25/2008

Page 2 of 4

WHEREFORE, it is respectfully requested that the time for the Defendant to file pre-trial motions be extended for thirty days after February 29, 2008. Respectfully Submitted, /s/ Clayton A. Sweeney, Jr. Clayton A. Sweeney, Jr., Esquire (DE No. 3359; PA No. 64050) PO BOX 55441 Philadelphia PA 19127-5441 1 (215) 509-1012 work 1 (215) 509-1013 fax [email protected]

Case 1:07-cr-00157-SLR

Document 15

Filed 02/25/2008

Page 3 of 4

CERTIFICATE OF SERVICE I HEREBY CERTIFY that two true and correct copies of the foregoing has been furnished to the Edmund Falgowski, Esquire., U.S. Attorney's Office, 1007 Orange Street, Suite 700 , P.O. Box 2046, Wilmington, DE 19899-2046 by regular U.S. Mail, this 25th day of February, 2008.

/s/ Clayton A. Sweeney, Jr. Clayton A. Sweeney, Jr., Esquire (DE No. 3359; PA No. 64050) PO BOX 55441 Philadelphia PA 19127-5441 1 (215) 509-1012 work 1 (215) 509-1013 fax [email protected]

Case 1:07-cr-00157-SLR

Document 15

Filed 02/25/2008

Page 4 of 4

IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, vs. PHILIP GRAHAM, Defendant. CRIMINAL ACTION NO. 1:07-mj-00220

ORDER Having considered Defendant Graham's Motion to Extend Time to File Pre-trial Motions, IT IS HEREBY ORDERED this ________day of __________, 2008, that Defendant Graham's pre-trial motions shall be due on the _________day of __________, 2008, and that the time from February 29, 2008 up to the new due date for pre-trial motions to be filed shall be excluded under the Speedy Trial Act (18 U.S.C. § 3161, et seq.).

____________________________________ The Honorable Sue L. Robinson United States District Court