ORDER TO CONTINUE - Ends of Justice as to ARLEN G.… — USA v. ARLEN ENCARNACION (Dkt. 19)

Summary

Filed February 14, 2023 as Document 19 in Case 2:21-mj-13425-LDW (D.N.J., Mag. No. 21-13425), this Order for a Continuance is signed by Magistrate Judge Leda Dunn Wettre. On the joint application of the United States Attorney and Arlen Encarnacion, it continues the matter through and including April 14, 2023. The stated reasons are defense preparation time and plea negotiations that are in progress, with consideration by the court of a proposed plea agreement. The order recites that four prior continuances were entered and that the defendant consented through counsel. It makes the period excludable under the Speedy Trial Act of 1974. It is consented to by Assistant U.S. Attorney Mark C. Orlowski and Lorraine Gauli-Rufo, Esq.

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Case 2:21-mj-13425-LDW Document19 _ Filed 02/14/23 Page 1 of 3 PagelD: 65

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA : Mag. No. 21-13425 (LDW)

v. : ORDER FOR A CONTINUANCE

ARLEN ENCARNACION

This matter having come before the Court on the joint application of
Philip R. Sellinger, United States Attorney for the District of New Jersey (by
Mark C. Orlowski, Assistant United States Attorney), and defendant Arlen
Encarnacion (by Lorraine Gauli-Rufo, Esq.), for an order granting a
continuance of the proceedings in the above-captioned matter from the date
this Order is signed through and including April 14, 2023 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 30 days of the date of the defendant’s arrest pursuant to Title 18,
United States Code, Section 3161(b); and four prior continuances having been
entered upon application of the parties; and the defendant, through the
defendant’s attorney, having consented to the continuance; and for good and

sufficient cause shown,
Case 2:21-mj-13425-LDW Document19_ Filed 02/14/23 Page 2 of 3 PagelD: 66

IT IS THE FINDING OF THIS COURT that this action should be
continued for the following reasons:

(1) Plea negotiations are currently in progress, and both the United
States and the defendant seek additional time to achieve successful resolution
of those negotiations, which would render trial of this matter unnecessary, and
to allow consideration by the court of a proposed plea agreement entered into
by the defendant and the United States;

(2) The defendant has consented to the aforementioned continuance;

(3) The grant of a continuance will likely conserve judicial resources; and

(4) Pursuant to Title 18, United States Code, Section 3161(h)(7), 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 14 day of February, 2023;

ORDERED that this action be, and it hereby is, continued from the date
this Order is signed through and including April 14, 2023; and it is further

ORDERED that the period from the date this Order is signed through
and including April 14, 2023 shall be excludable in computing time under the

Speedy Trial Act of 1974; and it is further
Case 2:21-mj-13425-LDW Document19 _ Filed 02/14/23 Page 3 of 3 PagelD: 67

ORDERED that nothing in this Order or the application prompting it is a

finding or representation that less than 31 non-excludable days under U.S.C.

§ 3161(h) have expired.

Fede. Dunn. Webs.

HONORABLE LEDA DUNN WETTRE
United States Magistrate Judge

Form and entry consented to:

Mark C. Orlowski
Assistant U.S. Attorney

s/Lorraine Gauli-Rufo
Lorraine Gauli-Rufo, Esq.
Counsel for Defendant Arlen Encarnacion

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