ORDER TO CONTINUE - Ends of Justice as to ARLEN G. ENCARNACION:… — USA v. ENCARNACION (Dkt. 17)

Summary

This is an Order for Continuance in United States of America v. Arlen G. Encarnacion, Mag. No. 21-13425, filed 07/28/22 as Document 17 in Case 3:23-cr-00794-GC in the U.S. District Court for the District of New Jersey, before Hon. Leda Dunn Wettre. It continues the proceedings from the date the order is signed through and including September 15, 2022, to give defense counsel time to prepare and to allow plea negotiations. The order recites that the defendant consented 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 makes five findings and orders the period excludable under the Speedy Trial Act of 1974, with consent lines for Lorraine Gauli-Rufo, Esq., for the defendant and Olajide A. Araromi and Mark C. Orlowski for the United States.

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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 September 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 3:23-cr-00794-GC     Document 17     Filed 07/28/22     Page 1 of 3 PageID: 59

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 ___ day of July, 2022, 
ORDERED that the proceedings in the above-captioned matter are continued 
from the date this Order is signed through and including September 15, 2022; and 
28
Case 3:23-cr-00794-GC     Document 17     Filed 07/28/22     Page 2 of 3 PageID: 60

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 3:23-cr-00794-GC     Document 17     Filed 07/28/22     Page 3 of 3 PageID: 61

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