ORDER TO CONTINUE - Ends of Justice as to ARLEN G. ENCARNACION:… — USA v. ENCARNACION (Dkt. 22)

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An Order for a Continuance, Document 22, filed 06/15/23 in United States of America v. Arlen Encarnacion, Mag. No. 21-13425 (LDW), in the United States District Court, District of New Jersey, dated June 15, 2023. The order states that it follows a joint application by the United States Attorney and defense counsel Lorraine Gauli-Rufo, Esq. for a continuance through August 14, 2023, and that the Court previously granted six continuances in the case. It states that plea negotiations are in progress and that consideration of a proposed plea agreement is anticipated, and it orders the days from June 15, 2023 through and including August 14, 2023 excluded under the Speedy Trial Act of 1974. The signature block names Honorable Leda Dunn Wettre, United States Magistrate Judge.

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Case 3:23-cr-00794-GC Document 22 Filed 06/15/23 Page 1 of 3 PagelD: 74

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 August 14, 2023.

2. This Court previously granted six § 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 3:23-cr-00794-GC Document 22 Filed 06/15/23 Page 2 of 3 PagelD: 75

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

(1) Plea negotiations are currently in progress, and both the United
States and the defendant seek additional time to achieve successful resolution
of those negotiations, which would render trial of this matter unnecessary, and
to allow consideration by the court of a 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 June 15, 2023 through and
including August 14, 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. ete Duan WHhttis.

HONORABLE LEDA DUNN WETTRE
United States Magistrate Judge

Dated: June 15, 2023
Case 3:23-cr-00794-GC Document 22 Filed 06/15/23

Form and entry consented to:

id fo

Mark C. Orlowski
Assistant U.S. Attorney

Lorraine Gauli‘Rufo, Esq.~
Counsel for Defendant Arlen Encarnacion

Page 3 of 3 PagelD: 76

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