Joint Motion to Continue Trial Date — United States v. Kirk Gibbs (E.D. Va., Document 16)

Summary

Joint motion to continue the trial date in United States v. Kirk Gibbs, Criminal No. 3:20cr94-DJN, Eastern District of Virginia, Richmond Division. The United States and the defendant ask to continue the bench trial, currently scheduled for January 25, 2021, to September 16, 2021, saying additional time is needed to collect additional documentation and prepare. The United States does not object to replacing the condition of home incarceration with a curfew set at the discretion of the supervising Probation Officer. The parties ask that the delay be excluded under 18 U.S.C. § 3161(c)(1). It is signed /s/ Thomas A. Garnett, with Joseph S. Camden "Seen and Agreed".

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   Case 3:20-cr-00094-DJN Document 16 Filed 12/16/20 Page 1 of 3 PageID# 72




                    IN THE UNITED STATES DISTRICT COURT FOR
                          THE EASTERN DISTRICT OF VIRGINIA
                                        Richmond Division

UNITED STATES OF AMERICA                              )
                                                      )
               v.                                     )       Criminal No. 3:20cr94-DJN
                                                      )
KIRK GIBBS,                                           )
                                                      )
                       Defendant.                     )


                       JOINT MOTION TO CONTINUE TRIAL DATE

       The United States of America, through the undersigned counsel, and the defendant, through

his counsel Joseph S. Camden, jointly seek an order from the Court continuing the bench trial in

this case (currently scheduled for January 25, 2021) to the mutually agreeable time and date of

September 16, 2021, at 10:00 a.m.

       Following the defendant’s initial appearance and arraignment in this case, the parties have

had the opportunity to discuss trial logistics and evidence collection and presentation. The parties

believe that additional time is necessary in order to both collect additional documentation relevant

to the charges, and to effectively prepare their respective cases.

       In light of the requested continuance, the United States does not object to the modification

of the defendant’s current conditions of release (see Dk. No. 13, at 3) to replace the condition of

home incarceration with that of a curfew, to be determined in the discretion of the defendant’s

supervising Probation Officer; all other aspects of the Court’s Release Order to remain in effect.




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   Case 3:20-cr-00094-DJN Document 16 Filed 12/16/20 Page 2 of 3 PageID# 73




       WHEREFORE, the parties jointly and respectfully request that the bench trial in this case

be continued to September 16, 2021, and that the delay resulting from this continuance be excluded

in computing the time within which a trial must occur pursuant to 18 U.S.C. § 3161(c)(1).



                                             Respectfully submitted,

                                             G. ZACHARY TERWILLIGER
                                             UNITED STATES ATTORNEY

                                     By:                /s/          .
                                             Thomas A. Garnett
                                             Virginia Bar No. 86054
                                             Assistant United States Attorney
                                             Attorney for the United States
                                             U.S. Attorney’s Office
                                             919 E. Main Street, Suite 1900
                                             Richmond, Virginia 23219
                                             Phone: 804-819-5400
                                             Fax: 804-771-2316
                                             Email: Thomas.A.Garnett@usdoj.gov


Seen and Agreed:



           /s/         .
Joseph S. Camden, Esquire
Counsel for Kirk Gibbs




                                                2
   Case 3:20-cr-00094-DJN Document 16 Filed 12/16/20 Page 3 of 3 PageID# 74




                                CERTIFICATE OF SERVICE

       I hereby certify that on December 16, 2020, I electronically filed the foregoing with the

Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to

all counsel of record.


                                                               /s/           .
                                                    Thomas A. Garnett
                                                    Virginia Bar No. 86054
                                                    Assistant United States Attorney
                                                    Attorney for the United States
                                                    U.S. Attorney’s Office
                                                    919 E. Main Street, Suite 1900
                                                    Richmond, Virginia 23219
                                                    Phone: 804-819-5400
                                                    Fax: 804-771-2316
                                                    Email: Thomas.A.Garnett@usdoj.gov




                                                3


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