ORDER TO CONTINUE - Ends of Justice as to ERIC RIVERA Time excluded from 10/13/2023 until… — Bank Insider PPP (Dkt. 14)

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Order filed 10/13/23 as Document 14 in Case 1:24-cr-00267-KMW, signed by United States Magistrate Judge Ann Marie Donio with form and entry consented to by Assistant U.S. Attorney Daniel A. Friedman and by Sara A. Aliabadi, Deputy Attorney-In-Charge, Camden, counsel for Eric Rivera. The text of its third page orders that nothing in the order or the application prompting it is a finding or representation that less than 31 non-excludable days under § 3161(h) have expired.

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Case 1:24-cr-00267-KMW   Document 14   Filed 10/13/23   Page 1 of 3 PageID: 189
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA : Hon. Ann Marie Donio
V. : 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 (Thomas Burke, Esq., appearing), for an order granting a
continuance under 18 U.S.C. § 3161(h)(7)(A) through January 2, 2024.

Z. This Court granted one § 3161(h)(7)(A) continuance 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   Document 14   Filed 10/13/23   Page 2 of 3 PageID: 190
a. The charges in this case result from a lengthy investigation, and
the pre-indictment discovery the United States has voluntarily provided 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 January 2, 2024; 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 Document14_ Filed 10/13/23 Page 3 of 3 PagelD: 191
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)

HON. ANN MARIE DONIO
United States Magistrate Judge

have expired.

Dated: October jz 2023

Form and entry consented to:

/s/ Daniel A. Friedman Char ae bh,

Daniel A. Friedman homas Burke, Esq. / a
Assistant U.S. Attorney Counsel for Eric Rivera

/s/ Sara A. Aliabadi
Sara A. Aliabadi
Deputy Attorney-In-Charge, Camden


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