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ORDER TO CONTINUE - Ends of Justice as to ERIC RIVERA Time excluded from 7/26/2023 until… — Bank Insider PPP (Dkt. 11)
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An Order for Continuance, Document 11, stamped Filed 07/26/23, in United States of America v. Eric Rivera, Mag. No. 23-2051 (Case 1:24-cr-00267-KMW), in the United States District Court, District of New Jersey, before Hon. Ann Marie Donio. The order states that the matter came before the court on the joint application of the United States Attorney for the District of New Jersey and defendant Eric Rivera for a continuance under 18 U.S.C. § 3161(h)(7)(A) through October 16, 2023, and that the defendant, through counsel, consented. The court finds that the charges result from a lengthy investigation and that the parties anticipate plea negotiations. It orders that the action is continued and that the days are excluded in computing time under the Speedy Trial Act of 1974.
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“ORDER TO CONTINUE - Ends of Justice as to ERIC RIVERA Time excluded from 7/26/2023 until… — Bank Insider PPP (Dkt. 11).”
Original at ecf.njd.uscourts.gov, No. 1:24-cr-00267-KMW, Doc. 11. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/bank-insider-ppp/undated-gov-uscourts-njd-546706-11-0-gov-uscourts-njd-546706-11-0/
, SHA-256 fe5f44ec1f28cc3aee45c5a2f024c0577eda58666fabb1a86a679d598088de1c.Full text
Case 1:24-cr-00267-KMW Documenti11 Filed 07/26/23. Page 1 of 3 PagelD: 179
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA : Hon. Ann Marie Donio
Vv. : Mag. No. 23-2051
ERIC RIVERA : ORDER FOR CONTINUANCE
1. This matter came before the Court on the joint application of Philip R.
Sellinger, United States Attorney for the District of New Jersey (Daniel A.
Friedman and Jason M. Richardson, Assistant U.S. Attorneys, appearing), and
defendant Eric Rivera ¢ home ¢ Buk sq, appearing), for an order granting
a continuance under 18 U.S.C. § 3161(h)(7)(A) through October 16, 2023.
2, This Court granted no § 8161(h)(7){A) continuances previously in this
case.
3. Counsel for the parties represented that this continuance is necessary
for effective preparation and to permit the parties to attempt to resolve this case
prior to indictment and thereby avoid a trial.
4, Counsel for the United States also represented that this continuance is
necessary to prevent any more non-excludable days under § 3161(h) from expiring.
5. The defendant knows that he has the right under § 3161(b) to have
this matter submitted to a grand jury within thirty days after his arrest.
6. The defendant, through counsel, has consented to this continuance.
7. FOR GOOD CAUSE, THIS COURT FINDS that this case should be
continued for the following reasons:
Case 1:24-cr-00267-KMW Document11_ Filed 07/26/23 Page 2 of 3 PagelD: 180
a. The charges in this case result from a lengthy investigation, and
the pre-indictment discovery the United States will voluntarily provide the
defendant involves many documents and other materials that defense counsel
requires adequate time to review.
b, Despite the exercise of diligence, therefore, the circumstances of
this case require giving defense counsel a reasonable amount of additional time for
effective preparation,
c, Both the United States and the defendant anticipate conducting
plea negotiations and desire additional time to negotiate a plea agreement, which
would render grand jury proceedings and a trial in this matter unnecessary.
d, Thus, the ends of justice served by granting the continuance and
preventing any further non-excludable days from passing under § 3161(h) outweigh
the best interest of the public and the defendant in a speedy trial.
IT IS, therefore:
ORDERED that this action is continued through October 16, 2028; and it is
further
ORDERED that those days are excluded in computing time under the Speedy
Trial Act of 1974; and it is further
Case 1:24-cr-00267-KMW Documenti11 Filed 07/26/23 Page 3 of 3 PagelD: 181
ORDERED that nothing in this Order or the application prompting it is a
finding or representation that less than 31 non-excludable days under § 3161(h)
have expired,
Klin h. Vint D A. KiDg
HON, ANM-MARTE-DONTO $ HA @ 0
United States Magistrate Judge
Dated: July2£, 2023
Form and entry consented to:
(ea Sam
Daniel A. Friedman “ / Esq.
Assistant U.S, Attorney Counsel for Eric Rivera
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