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Case 1:12-cr-00182-CMH Document 53

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA

Alexandria Division
UNITED STATES OF AMERICA

A 0-" 4
CLEKK U3 LIS IRICT COURT

ALEXANDRIA. VIRGINIA

Case No. l:12crl>Z.


HENOCK GHILE, "Knocks,"
Defendant.

JOINT MOTION TO EXTEND TIME FOR INDICTMENT

The United States of America by its attorneys, Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and Marc J. Birnbaum, Special Assistant United States Attorney, and the defendant, Henock Ghile, by and through his undersigned counsel, respectfully move for entry of an order extending the time period for filing an indictment against the
defendant from May 10, 2012 to May 18,2012. The grounds for the motion are as follows:

1.

On March 28, 2012, the defendant was arrested on a charge of conspiring to

commit sex trafficking of children. The defendant made his initial appearance before a United
States Magistrate Judge in the Eastern District of Virginia on this same date. 2. The Speedy Trial Act requires that an individual charged with an offense be

indicted within thirty days from the date on which such individual was arrested or served with a

summons in connection with a charge. 18 U.S.C. ' 3161. April 27. 2012 is thirty days from the
date of the defendant's arrest. 18 U.S.C. ' 3161(h). The Honorable Leonie M. Brinkema

previously ordered a 13-day extension of time from April 27, 2012 to May 10, 2012.

Case 1:12-cr-00182-CMH Document 53

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3.

The parties in this case have reached a pre-indictment disposition, with the

exception of administrative matters which must still be resolved. Extending the time period in
which to file an indictment against the defendant would be in the best interests of justice as it would allow the parties to resolve this matter without the need for an indictment or trial.
Therefore, the ends ofjustice served by the requested extension outweigh the best interest of the public and the defendant in a speedy trial.

4.

The defendant hereby agrees to waive any objections under the Speedy Trial Act

and agrees that the government shall have to, and including, May 18, 2012, to file an indictment.
This waiver is made knowingly, intentionally, and voluntarily by the defendant, and with full

knowledge of the provisions of the Speedy Trial Act, 18 U.S.C. ' ' 3161, el. seq., and with the
advice and consent of counsel.

5.

The defendant agrees to this waiver in order to provide the defendant, his counsel,

and the government sufficient time to enter the pre-indictment disposition.

The defendant

expressly understands that his waiver is not predicated upon any other promises, agreements, or
understandings of any kind between the government and the defense in this case, and that

nothing contained herein shall be construed to preclude the government from proceeding against
the defendant during or after the time period covered by his waiver.
WHEREFORE, the parties request that the time to indict this case be extended to and

including May 18, 2012, and that this additional time be excluded in computing the time within
which an indictment must be filed pursuant to 18 U.S.C. ' 3161(h).

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Respectfully submitted.
Neil II. MacBride United States Attorney

Date:

^Mh. Bv:
Marc J. Birnbaum

Special Assistant United States Attorney

Defendant's Siunature: 1 hereby agree that 1 have consulted with my attorney and fully
understand all my rights with respect to a speedy trial, including my right to be charged by indictment within 30 days of arrest, as required by Title 18, United States Code. Section 3161(b). 1 have read this motion for an extension of time to be charged by indictment, and carefully

reviewed every part of it with my attorney. I understand this motion and voluntarily agree to it.

Date:
ilenock Chile

Deicndant

Defense Counsel Signature: I am counsel for the defendant in this case. I have fully explained to the defendant the defendant's right to be charged by indictment within 30 days of
arrest. Specifically. 1 have reviewed the terms and conditions of Title 18. United States Code.

Section 3161(b). and 1have fully explained to the defendant the provisions that may apply in this case. To my knowledge, the defendant's decision to agree to an extension of time to be charged
by indictment is an informed and voluntary one.

Date:

f~1* n~
Andrea Moseley. Esquire

Case 1:12-cr-00182-CMH Document 53

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Counsel for the Defendant

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