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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An Order for Continuance, Document 15, filed 01/02/24 in United States of America v. Eric Rivera, Mag. No. 23-2051 (No. 1:24-cr-00267-KMW), in the U.S. District Court for the District of New Jersey, with Hon. Ann Marie Donio named in the caption. It states that the matter came before the Court on the joint application of the United States Attorney and defendant Eric Rivera for a continuance under § 3161(h)(7)(A) through March 29, 2024. The order recites that counsel represented the continuance is necessary for effective preparation and to permit the parties to attempt to resolve the case before indictment. It finds that the ends of justice outweigh the interest in a speedy trial, orders the action continued through March 29, 2024, and orders the days excluded under the Speedy Trial Act of 1974.

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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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