ORDER TO CONTINUE - Ends of Justice as to ARLEN G.… — USA v. ARLEN ENCARNACION (Dkt. 15)

Summary

Filed April 11, 2022 as Document 15 in Case 2:21-mj-13425-LDW (D.N.J., Mag. No. 21-13425), this Order for Continuance is signed by Magistrate Judge Leda Dunn Wettre. At the request of the United States Attorney and counsel for Arlen G. Encarnacion, it continues the proceedings through and including July 15, 2022. The stated reasons are to give defense counsel reasonable time to prepare and to allow plea negotiations, which would make grand jury proceedings and a trial unnecessary. The order recites that the defendant consented through his attorneys and waived the thirty-day grand jury right, and it makes the period excludable under the Speedy Trial Act of 1974. It is consented to by Lorraine Gauli-Rufo, Esq. and Assistant U.S. Attorneys Olajide A. Araromi and Mark C. Orlowski.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF NEW JERSEY 
UNITED STATES OF AMERICA 
v. 
ARLEN G. ENCARNACION
: 
: 
Hon. Leda Dunn Wettre
: 
: 
Mag. No. 21-13425 
: 
: 
ORDER FOR CONTINUANCE     : 
:    
:    
:   
This matter having been opened to the Court by the United States 
Attorney for the District of New Jersey (Mark C. Orlowski and Olajide A. Araromi 
Assistant United States Attorneys, appearing), and the defendant Arlen 
G. Encarnacion 
(Lorraine Gauli-Rufo, Esq. 
appearing), 
for 
an 
order
granting 
a continuance of the proceedings in the above-captioned matter from 
the date this Order is signed through and including July 15, 2022, to permit defense 
counsel the reasonable time necessary for effective preparation in this matter 
and to allow the parties to conduct plea negotiations, and  the defendant being 
aware that the defendant has the right to have the matter submitted to a grand 
jury within thirty days of the date of the defendant’s arrest, pursuant to 18 
U.S.C. § 3161(b), and the defendant through his attorneys having consented 
to the continuance and waived such right; and for good and sufficient cause  shown, 
Case 2:21-mj-13425-LDW     Document 15     Filed 04/11/22     Page 1 of 3 PageID: 55

2 
IT IS THE FINDING OF THIS COURT that this action should be continued 
for the following reasons: 
1.
Taking into account the exercise of diligence, the facts of
this case require that defense counsel be permitted a
reasonable amount of time for effective preparation in this
matter.
2.
Plea negotiations are anticipated, and both the United
States and the defendant seek additional time to negotiate
a plea agreement, which would render any grand jury
proceedings and any subsequent trial of this matter
unnecessary.
3.
The defendant has consented to the continuance.
4.
The grant of a continuance will likely conserve judicial
resources.
5.
Pursuant to Title 18 of the United States Code, Section
3161(h)(7)(A), the ends of justice served by granting the
continuance outweigh the best interests of the public and
the defendant in a speedy trial.
WHEREFORE, it is on this 11th day of April, 2022, 
ORDERED that the proceedings in the above-captioned matter are continued from 
the date this Order is signed through and including July 15, 2022; and 
Case 2:21-mj-13425-LDW     Document 15     Filed 04/11/22     Page 2 of 3 PageID: 56

3 
IT IS FURTHER ORDERED that the aforementioned period shall be 
excludable in computing time under the Speedy Trial Act of 1974. 
HON. LEDA DUNN WETTRE 
United States Magistrate Judge 
Consented and Agreed to by: 
Lorraine Gauli-Rufo, Esq.       
Counsel for Arlen G. Encarnacion
    /s/ Olajide A. Araromi 
 Olajide A. Araromi 
   Mark C. Orlowski
 Assistant U.S. Attorney 
 Counsel for the United States of America 
Case 2:21-mj-13425-LDW     Document 15     Filed 04/11/22     Page 3 of 3 PageID: 57

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