ORDER TO CONTINUE - Ends of Justice as to ARLEN G. ENCARNACION:… — USA v. ARLEN ENCARNACION (Dkt. 24)

Summary

Filed August 18, 2023 as Document 24 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 case from August 18, 2023 through and including October 17, 2023. The order recites that the Court previously granted seven continuances under 18 U.S.C. 3161(h)(7)(A). It states that plea negotiations have been concluded and a plea agreement has been signed, and that the Court is to consider the proposed agreement. The period is excluded under the Speedy Trial Act of 1974, and the order says it is not a finding that fewer than 31 non-excludable days have expired.

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Case 2:21-mj-13425-LDW Document 24 _ Filed 08/18/23 Page 1 of 3 PagelD: 79

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 October 17, 2023.

2. This Court previously granted seven § 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 24 _ Filed 08/18/23 Page 2 of 3 PagelD: 80

7. FOR GOOD CAUSE, THIS COURT FINDS that this case should be
continued for the following reasons:

(1) Plea negotiations have been concluded and a plea agreement has
been signed, which would render trial of this matter unnecessary, and to allow
consideration by the court of the 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;

IT IS, therefore:

ORDERED that this action is continued from August 18, 2023 through
and including October 17, 2023; and it is further

ORDERED that those days are excluded in computing time under the
Speedy Trial Act of 1974, and it is further

ORDERED that nothing in this Order or the application prompting itis a

finding or representation that less than 31 non-excludable days under

§ 3161(h) have expired. Hebe Duan WHttis..

HONORABLE LEDA DUNN WETTRE

United States Magistrate Judge
Dated: August 18, 2023

Form and entry consented to:
Case 2:21-mj-13425-LDW Document 24

ark C. Orlowski
Assistant U.S. Attorney

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

Filed 08/18/23

Page 3 of 3 PagelD: 81

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