Another Extension of time granted. Quite the learning experience. Now I know how to navigate pacer. Guess I'll check back in October.
UNITED STATES OF AMERICA :
v. : CRIMINAL NO.: 07-375-02
RUTH LANE :
DEFENDANT’S UNOPPOSED MOTION FOR CONTINUANCE OF
TRIAL AND FOR AN EXTENSION OF TIME TO FILE MOTIONS
AND NOW comes Ruth Lane, by and through her attorney, Catherine C. Henry, Assistant
Federal Defender, Federal Community Defender Office for the Eastern District of Pennsylvania,
Defender Association of Philadelphia, Federal Court Division, and respectfully requests a
continuance of trial and extension of time to file motions in the above captioned case. As
grounds it is stated:
1. On July 12, 2007, a Superseding Indictment was filed against Ruth Lane, charging
her with obstruction of an agency proceeding and aiding and abetting, in violation of 18 U.S.C.
§§ 1519 and 2 (Count Two) and false statements, in violation of 18 U.S.C. § 1001(a)(2) (Count
Five).
2. The Office of the Federal Public Defender was appointed to represent Ms. Lane
on July 13, 2007.
3. Ms. Lane was arraigned and entered a plea of not guilty on July 13, 2007.
4. On July 18, 2007, defense counsel requested discovery from the
government. Discovery has not yet been received. Defense counsel respectfully requests
additional time to determine what, if any, pretrial motions are appropriate in this matter and to
prepare such motions.
5. Once discovery is received, defense counsel needs adequate time to review
Case 2:07-cr-00375-NS Document 34 Filed 08/02/2007 Page 2 of 4
2
discovery with Ms. Lane, and to conduct appropriate investigation and legal research. This could
result in a possible non-trial disposition.
6. Under the Speedy Trial Rule, Title 18 U.S.C. §§ 3161(h)(8)(A), (B) and (C), the
period of delay resulting from a continuance is excludable where granting the continuance serves
the ends of justice and outweighs the best interest of the public and the defendant in a speedy
trial. Defense counsel agrees that all time until the next trial date would be excludable if the
Court grants the instant motion.
7. Failure to grant this request for a continuance would result in a miscarriage of
justice, 18 U.S.C. § 3161(h)(8)(B)(1).
8. Failure to grant the continuance would deny counsel for the defendant the
reasonable time necessary for preparing effectively to represent this defendant in this matter.
9. Counsel has spoken with her client and, pursuant to 18 U.S.C. § 3161(h)(8)(A),
Ms. Lane hereby waives her rights under the Speedy Trial Act.
10. Ms. Lane agrees with the request to continue the trial.
11. Moreover, Leo Tsao, the assigned Assistant United States Attorney, does
not oppose the instant motion.
WHEREFORE, for the reasons cited and in the interests of justice, Ruth Lane,
respectfully requests that this Court grant the instant motion.
Respectfully submitted,
CATHERINE C. HENRY
Assistant Federal Defender
