Henock Ghile Motion

8/2/2019 Henock Ghile Motion

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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF VIRGINIA

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Alexandria Division A 0-" 4CLEKK U3 LIS IRICT COURT

ALEXANDRIA. VIRGINIA

Case No. l:12crl>Z.UNITED STATES OF AMERICA

HENOCK GHILE,"Knocks,"

Defendant.

JO INT MOT ION TO EXTEND T IME FOR IND ICTMENT

The United States ofAmerica by its attorneys, Neil H. MacBride, United States Attorneyfor the Eastern District of Virginia, and Marc J. Birnbaum, Special Assistant United StatesAttorney, and the defendant, Henock Ghile, by and through his undersigned counsel, respectfullymove for entry of an order extending the time period for filing an indictment against thedefendant 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 UnitedStates Magistrate Judge in the Eastern District ofVirginia on this same date.

2. The Speedy Trial Act requires that an individual charged with an offense beindicted within thirty days from the date on which such individual was arrested or served with asummons in connectionwith a charge. 18 U.S.C. ' 3161. April 27. 2012 is thirty days from thedate of the defendant's arrest. 18 U.S.C. ' 3161(h). The Honorable Leonie M. Brinkemapreviously ordered a 13-day extension of time from April 27, 2012 to May 10, 2012.

Case 1:12-cr-00182-CMH Document 53 Filed 05/08/12 Page 1 of 4 PageID# 112


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3. The parties in this case have reached a pre-indictment disposition, with theexception of administrative matters which must still be resolved. Extending the time period inwhich to file an indictment against the defendant would be in the best interests of jus tice as itwould allow the parties to resolve this matter without the need for an indictment or trial.Therefore, the ends of justice served by the requested extension outweigh the best interest of thepublic and the defendant in a speedy trial.

4. The defendant hereby agrees to waive any objections under the Speedy Trial Actand 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 fullknowledge of the provisions of the Speedy Trial Act, 18 U.S.C. ' ' 3161, el. seq., and with theadv ice and consen t o f 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 defendantexpressly understands that his waiver is not predicated upon any other promises, agreements, orunderstandings of any kind between the government and the defense in this case, and thatnothing contained herein shall be construed to preclude the government from proceeding againstthe defendant during or after the time periodcovered by his waiver.

WHEREFORE, the parties request that the time to indict this case be extended to andincluding May 18, 2012, and that this additional time be excluded in computing the timewithinwhich an indictment must be filed pursuant to 18U.S.C. ' 3161(h).



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Date: ^Mh. Bv:

Respectfully submitted.Neil II. MacBrideUnited Stat e s At torney

Marc J. BirnbaumSpecial Assistant United States Attorney

Defendant's Siunature: 1hereby agree that 1have consulted with my attorney and fullyunderstand all my rights with respect to a speedy trial, including my right to be charged byindictment 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 carefullyreviewed every part of it withmyattorney. I understand thismotionand voluntarily agree to it.

Date:i le no ck Ch i le

Deicndant

Defense Counsel Signature: I am counsel for the defendant in this case. I have fullyexplained to the defendant the defendant's right to be charged by indictment within 30 days ofarrest. Specif ically. 1 have reviewed the terms and condi tions 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 chargedby indictment is an informed and voluntary one.

Date: f~1* n~ 1Andrea Moseley. Esquire



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Counsel for th e Defendant


Documents

Henock Ghile Motion