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ORDER TO CONTINUE - Ends of Justice as to ARLEN G. ENCARNACION:… — USA v. ENCARNACION (Dkt. 18)
Summary
An Order for Continuance, Document 18, filed 10/04/22 in United States of America v. Arlen G. Encarnacion, Mag. No. 21-13425 (Case 3:23-cr-00794-GC), in the United States District Court for the District of New Jersey, before Hon. Leda Dunn Wettre. The order states that the United States Attorney, through Assistant United States Attorneys Mark C. Orlowski and Olajide A. Araromi, and defense counsel Lorraine Gauli-Rufo, Esq. sought a continuance through and including December 15, 2022 for defense preparation and plea negotiations. It states that the defendant consented and waived the right to grand jury submission within thirty days of arrest, and orders the period excludable under the Speedy Trial Act of 1974. The order is dated the 4th day of October, 2022, and the consent block carries /s/ Olajide A. Araromi.
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Record facts
| Court | U.S. District Court for the District of New Jersey |
|---|---|
| Filed | 2022-10-04 |
Cite this document
“ORDER TO CONTINUE - Ends of Justice as to ARLEN G. ENCARNACION:… — USA v. ENCARNACION (Dkt. 18).”
U.S. District Court for the District of New Jersey, No. 3:23-cr-00794-GC, Doc. 18, filed 2022-10-04. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-arlen-g-encarnacion-njd-534279/2022-10-04-gov-uscourts-njd-534279-18-0-doc-18/
, SHA-256 8761f6bb311be3f492da58e0fa8a530cd0f940734da8d3f6ed6c4f8f1d9d2a85.Full text
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 December 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 18 Filed 10/04/22 Page 1 of 3 PageID: 62
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 4th day of October, 2022,
ORDERED that the proceedings in the above-captioned matter are continued
from the date this Order is signed through and including December 15, 2022; and
Case 3:23-cr-00794-GC Document 18 Filed 10/04/22 Page 2 of 3 PageID: 63
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 18 Filed 10/04/22 Page 3 of 3 PageID: 64File and source
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