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ORDER TO CONTINUE - Ends of Justice as to ERIC RIVERA Time excluded from 1/2/2024 until… — Bank Insider PPP (Dkt. 15)
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No. 1:24-cr-00267-KMW · Doc. 15 · Docket on CourtListener
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Case 1:24-cr-00267-KMW Document15-~ Filed 01/02/24 Page 1of3 PagelD: 192 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 J ersey (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. § 8161(h)(7)(A) through March 29, 2024, 2, This Court granted two § 3161(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 § 8161(h) from expiring. 5. The defendant knows that he has the right under § 8161(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 Document15- Filed 01/02/24 Page 2 of 3 PagelD: 193 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 March 29, 2024: and itis 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 Document15- Filed 01/02/24 Page 3 of 3 PagelD: 194 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. Dated: January Z , 2024 Form and entry consented to: /s/ Daniel A. Friedman Ni Mr HON. ANN MARIE DONIO United States Magistrate J udge hive of bk Daniel A, Friedman Assistant U.S. Attorney /s/ Sara A, Aliabadi Sara A, Aliabadi Deputy Attorney-In-Charge, Camden ‘Phomas Burke, Esq (SY Counsel for Eric Rivera
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