ORDER TO CONTINUE - Ends of Justice as to BUTHERDE DARIUS Time excluded from 4/25/2022 until… — USA v. DARIUS (Dkt. 16)

Record facts

U.S. District Court for the District of New Jersey · No. 2:22-mj-10018-MAH · Doc. 16 · 2022-04-25 · Docket on CourtListener

Summary

An order for a continuance filed April 25, 2022 in United States v. Butherde Darius, Mag. No. 22-10018 (MAH), No. 2:22-mj-10018-MAH, in the U.S. District Court for the District of New Jersey, as Doc. 16. Entered on the joint application of United States Attorney Philip R. Sellinger, by Assistant United States Attorney Katherine M. Romano, and the defendant, by Rahul K. Sharma, it continues the matter through and including July 1, 2022. The court finds that plea negotiations are in progress, the defendant consents, a continuance will likely conserve judicial resources, and under Title 18, United States Code, Section 3161(h)(7) the ends of justice outweigh the interest in a speedy trial. The order notes one prior continuance and excludes the period through July 1, 2022 under the Speedy Trial Act of 1974. It is three pages, signed by United States Magistrate Judge Michael A. Hammer.

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Full text

UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY 
 
 
UNITED STATES OF AMERICA 
: 
Mag. No. 22-10018 (MAH) 
 
 
 
 
 
 
: 
 
v. 
 
 
 
 
: 
ORDER FOR A CONTINUANCE
 
 
 
 
 
 
: 
BUTHERDE DARIUS 
 
 
: 
 
 
 
This matter having come before the Court on the joint application of 
Philip R. Sellinger, United States Attorney for the District of New Jersey (by 
Katherine M. Romano, Assistant United States Attorney), and defendant 
Butherde Darius (by Rahul K. Sharma, Esq.), for an order granting a 
continuance of the proceedings in the above-captioned matter from the date 
this Order is signed through and including July 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 
 arrest pursuant to Title 18, 
United States Code, Section 3161(b); and one prior continuance having been 
entered upon application of the parties; and the defendant, through the 
sufficient cause shown, 
 
 
Case 2:22-mj-10018-MAH     Document 16     Filed 04/25/22     Page 1 of 3 PageID: 34

IT IS THE FINDING OF THIS COURT that this action 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; 
WHEREFORE, it is on this ___ day of April, 2022; 
ORDERED that this action be, and it hereby is, continued from the date 
this Order is signed through and including July 1, 2022; and it is further 
25th
Case 2:22-mj-10018-MAH     Document 16     Filed 04/25/22     Page 2 of 3 PageID: 35

ORDERED that the period from the date this Order is signed through 
and including July 1, 2022 shall be excludable in computing time under the 
Speedy Trial Act of 1974. 
HONORABLE MICHAEL A. HAMMER 
United States Magistrate Judge 
Form and entry consented to: 
Katherine M. Romano 
Assistant U.S. Attorney 
/s/ Rahul Sharma 
Rahul K. Sharma, Esq. 
Counsel for Defendant Butherde Darius 
s/Michael A. Hammer
Case 2:22-mj-10018-MAH     Document 16     Filed 04/25/22     Page 3 of 3 PageID: 36

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