IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES : CRIMINAL NO. 04-507

v. :

JAMAL LEWIS

JOSEPH WARING :

ANTHONY BAKER

SHANNON JOHNSON

JAIRU GREEN :

JOINT MOTION FOR CONTINUANCE

The United States of America, by its attorneys Patrick L. Meehan, United States

Attorney for the Eastern District of Pennsylvania, and Jennifer J. Chun, Assistant United States

Attorney, submits this joint motion for a continuance of the Speedy Trial date.

1. On or about August 26, 2004, all defendants were charged with conspiracy to

commit Hobbs Act robbery, in violation of Title 18, United States Code, Section 1951.

Defendants Jamal Lewis, Joseph Waring, and Anthony Baker were charged with Hobbs Act

robbery and using a firearm during a crime of violence, in violation of Title 18, United States

Code, Sections 1951 and 924(a)(1)(A). Defendant Jairu Green was charged with straw

purchasing, in violation of Title 18, United States Code, Section 924(a)(1)(A).

2. The parties agree that they require additional time to respond to discovery and

agree to a pre-trial disposition of the case.

Case 2:04-cr-00507-RBS Document 33 Filed 11/23/04 Page 1 of 5
3. The parties agree that the ends of justice served by granting a continuance in this

matter outweigh the interests of the public and the defendants in a speedy trial. See 18 U.S.C. §

3161(h)(8)(A), (B)(i). 

4. The parties request that the Speedy Trial date is continued.

Respectfully submitted,

PATRICK L. MEEHAN

United States Attorney

______________________________

JENNIFER J. CHUN

Assistant United States Attorney

Case 2:04-cr-00507-RBS Document 33 Filed 11/23/04 Page 2 of 5
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES : CRIMINAL NO. 04-507

v. :

JAMAL LEWIS

JOSEPH WARING :

ANTHONY BAKER

SHANNON JOHNSON

JAIRU GREEN

ORDER

AND NOW, this ____ day of November, 2004, upon consideration of the government

and defendants’ joint Motion for a Continuance, it is hereby ORDERED that the motion is

GRANTED.

The Court finds that the failure to grant the request to continue the date of the scheduled

trial would be likely to result in a miscarriage of justice. The ends of justice served by granting

a continuance in this matter outweigh the interests of the public and the defendants Jamal Lewis,

Joseph Waring, Anthony Baker, Shannon Johnson, and Jairu Green in a speedy trial. See 18

U.S.C. § 3161(h)(8)(A), (B)(i). Moreover, the defendants waive their rights under the Speedy

Trial Act. This continuance is granted in order to permit defense counsel “the reasonable time

necessary for effective preparation” 18 U.S.C. § 3161(h)(8)(B)(iv), and for negotiation of a pretrial disposition. The continuance is not granted because of general congestion of the court’s

calendar, or lack of diligent preparation or failure to obtain available witnesses on the part of the

attorney for the government. See 18 U.S.C. § 3161(h)(8)(C).

Case 2:04-cr-00507-RBS Document 33 Filed 11/23/04 Page 3 of 5
Therefore, pursuant to 18 § 3161(h)(8)(A), it is hereby ORDERED that the Speedy Trial

date in the above action is continued.

BY THE COURT:

___________________________

R. BARCLAY SURRICK

UNITED STATES DISTRICT JUDGE

Case 2:04-cr-00507-RBS Document 33 Filed 11/23/04 Page 4 of 5
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Joint Motion for a

Continuance has been served by electronic filing and first-class mail upon: 

Eugene P. Tinari, Esq.

123 South Broad Street

Suite 1970

Philadelphia, PA 19107

Richard Q. Hark, Esq.

1818 Market Street, 30th Floor

Philadelphia, PA 19103

Robert Marc Gamburg, Esq.

121 South Broad Street

Suite 1030

Philadelphia, PA 19107

Marc S. Fisher, Esq.

515 Linden Avenue. 3rd Floor

Allentown, PA 18101

Gerald A. Stein, Esq.

2727 Centre Square West

1500 Market Street

Philadelphia, PA 19102

 

Jennifer J. Chun

Assistant United States Attorney

Date: 11/23/2004 

Case 2:04-cr-00507-RBS Document 33 Filed 11/23/04 Page 5 of 5