ORDER TO CONTINUE - Ends of Justice as to ARLEN G.… — USA v. ARLEN ENCARNACION (Dkt. 20)

Summary

An Order for a Continuance, Document 20, filed 04/10/23 and dated April 10, 2023, in United States v. Arlen Encarnacion, Mag. No. 21-13425 (LDW), in the District of New Jersey. On the joint application of the U.S. Attorney's Office and defense counsel, it grants a further continuance under 18 U.S.C. § 3161(h)(7)(A) through June 15, 2023, after five earlier continuances under that provision. The parties say the time is needed for effective preparation and to try to resolve the case before indictment and avoid a trial. The defendant acknowledges his right under § 3161(b) to have the matter submitted to a grand jury within thirty days of arrest, and consents through counsel.

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UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY 
 
 
 
UNITED STATES OF AMERICA 
: 
Mag. No. 21-13425 (LDW) 
 
 
 
 
 
 
: 
 
v. 
 
 
 
 
: 
ORDER FOR A CONTINUANCE 
 
 
 
 
 
 
 
: 
ARLEN ENCARNACION  
 
: 
 
 
 
1. 
This matter having come before the Court on the joint application 
of Philip R. Sellinger, United States Attorney for the District of New Jersey 
(Mark C. Orlowski, Assistant U.S. Attorney, appearing), and defendant Arlen 
Encarnacion (Lorraine Gauli-Rufo, Esq., appearing), for an order granting a 
continuance under 18 U.S.C. § 3161(h)(7)(A) through June 15, 2023. 
2. 
This Court previously granted five § 3161(h)(7)(A) continuances in 
this case. 
3. 
Counsel for the parties represented that this additional 
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 additional 
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 withing thirty days after his arrest. 
6. 
The defendant, through counsel, has consented to this 
continuance. 
Case 2:21-mj-13425-LDW     Document 20     Filed 04/10/23     Page 1 of 3 PageID: 68

April 10, 2023
Case 2:21-mj-13425-LDW     Document 20     Filed 04/10/23     Page 2 of 3 PageID: 69

Case 2:21-mj-13425-LDW     Document 20     Filed 04/10/23     Page 3 of 3 PageID: 70

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