ORDER TO CONTINUE - Ends of Justice as to BUTHERDE DARIUS Time excluded from 1/27/2022 until… — USA v. DARIUS (Dkt. 11, No. 2:22-mj-10018-MAH, filed 2022-01-27)

Summary

Document 11, filed 01/27/22 in United States of America v. Butherde Darius, Mag. No. 22-10018 in the District of New Jersey before Hon. Michael A. Hammer, is an Order for a Continuance on the joint application of the United States Attorney and the defendant. The continuance runs from the date the order is signed through and including April 28, 2022, to give defense counsel reasonable time to prepare and to allow plea negotiations. The order finds that the defendant consented, that no prior continuance had been entered, and that the ends of justice served by the continuance outweigh the interests in a speedy trial. It provides that the period is excludable in computing time, and the defendant is represented by Rahul Sharma, Esq.

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Case 2:22-mj-10018-MAH Document11_ Filed 01/27/22 Page 1 of 3PagelD: 26

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA : Hon. Michael A. Hammer
Vv. Mag. No. 22-10018
BUTHERDE DARIUS ORDER FOR A CONTINUANCE

This matter having come before the Court on the joint application of Philip R.
Sellinger, United States Attorney for the District of New Jersey (Katherine M.
Romano and David E. Dauenheimer, Assistant United States Attorneys, appearing),
and defendant Butherde Darius (by Rahul Sharma, Esq., appearing), for an order
granting a contiuance of the proceedings in the above-captioned matter from the
date this Order is signed through and including April 28, 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 30
days of the date of the defendant’s arrest pursuant to Title 18, United States Code,
Section 3161(b); and no prior continuance having been entered; and the defendant,
through the defendant’s attorney, having consented to the continuance; and for good
and sufficient cause shown,

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
Case 2:22-mj-10018-MAH Document11_ Filed 01/27/22 Page 2 of 3 PagelD: 27

additional time for effective preparation in this matter;

(2) 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;

(3) The defendant has consented to the aforementioned continuance;

(4) The grant of a continuance will likely conserve judicial resources; and

(5) 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.

WHEREFORE, it is on this 2 aay of January 2022;

ORDERED that this action be, and it hereby is, continued from the date this
Order is signed through and including April 28, 2022: and it is further

ORDERED that the period from the date this Order is signed through and
including April 28, 2022, shall be excludable in computing time under the Speedy

Trial Act of 1974.

HONORABLE MICHAEL A. HAMMER
United States Magistrate Judge

if
Ht
Case 2:22-mj-10018-MAH Document 11

Consented and Agreed to by:

‘sf Rahul Sharma
Rahul Sharma, Esq.
Counsel for Defendant Butherde Darius

s/David FE. Dauenheimer
David E. Dauenheimer
Katherine M. Romano
Assistant U.S. Attorneys

Filed 01/27/22

Page 3 of 3 PagelD: 28

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