ORDER TO CONTINUE - Ends of Justice as to ARLEN G.… — USA v. ENCARNACION (Dkt. 11)

Summary

This is an Order for Continuance in United States of America v. Encarnacion, filed 12/16/21 as Document 11 in Case 3:23-cr-00794-GC in the U.S. District Court for the District of New Jersey. The order grants a continuance on the application of the United States Attorney's Office and defense counsel for a period running from the date the order is signed, so that defense counsel has time to prepare and the parties can negotiate a plea. The order recites that the defendant consented to the continuance and waived the right to have the matter submitted to a grand jury within thirty days of arrest under 18 U.S.C. § 3161(b). It lists findings, including that the continuance will likely conserve judicial resources, and orders the period excludable under the Speedy Trial Act of 1974.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF NEW JERSEY 
UNITED STATES OF AMERICA 
v. 
$5/(1*(1&$51$&,21
: 
: 
Hon. /HGD'XQQ:HWWUH
: 
: 
Mag. No. 21-5 
: 
: 
ORDER FOR CONTINUANCE     : 
    
    
   
This matter having been opened to the Court by the Acting United States 
Attorney for the District of New Jersey (0DUN&2UORZVNL and 2ODMLGH$$UDURPL 
Assistant United States Attorneys, appearing), and the defendant $UOHQ *
(QFDUQDFLRQ (3HWHU &DUWHU, 
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 March 1, 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 3:23-cr-00794-GC     Document 11     Filed 12/16/21     Page 1 of 3 PageID: 41

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 1th day of December, 2021, 
ORDERED that the proceedings in the above-captioned matter are continued 
from the date this Order is signed through and including March , 2022; and 
Case 3:23-cr-00794-GC     Document 11     Filed 12/16/21     Page 2 of 3 PageID: 42

3 
IT IS FURTHER ORDERED that the aforementioned period shall be 
excludable in computing time under the Speedy Trial Act of 1974. 
HON. /('$'811:(775( 
United States Magistrate Judge 
Consented and Agreed to by: 
  3HWHU&DUWHU Esq.  
Counsel for $UOHQ*(QFDUQDFLRQ
s/ Olajide $Araromi 
Olajide A. Araromi 
0DUN&2UORZVNL
Assistant U.S. Attorney 
Counsel for the United States of America 
Case 3:23-cr-00794-GC     Document 11     Filed 12/16/21     Page 3 of 3 PageID: 43

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