ORDER TO CONTINUE - Ends of Justice as to BUTHERDE DARIUS Time excluded from 8/24/2022 until… — USA v. DARIUS (Dkt. 19, No. 2:22-mj-10018-MAH, filed 2022-08-24)

Summary

An Order for a Continuance, Document 19, filed 08/24/22 in United States v. Butherde Darius, Mag. No. 22-10018 (MAH), District of New Jersey. It follows a joint application by United States Attorney Philip R. Sellinger, through Assistant U.S. Attorney David E. Dauenheimer, and the defendant, through Rahul K. Sharma, Esq., to continue the proceedings through and including October 31, 2022. The order finds that plea negotiations are in progress, that the defendant consented, that three prior continuances had been entered, and that the ends of justice outweigh the interest in a speedy trial. It excludes the period through October 31, 2022 under the Speedy Trial Act, and Magistrate Judge Michael A. Hammer signed it.

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Case 2:22-mj-10018-MAH Document19_ Filed 08/24/22 Page 1 of 3 PagelD: 42

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
David E. Dauenheimer, 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 October 31, 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 three prior continuances having been
entered upon application of the parties; and the defendant, through the
defendant’s attorney, having consented to the continuance; and for good and

sufficient cause shown,
Case 2:22-mj-10018-MAH Document19_ Filed 08/24/22 Page 2 of 3 PagelD: 43

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 24} day of August, 2022;

ORDERED that this action be, and it hereby is, continued from the date

this Order is signed through and including October 31, 2022; and it is further
Case 2:22-mj-10018-MAH Document19_ Filed 08/24/22 Page 3 of 3 PagelD: 44

ORDERED that the period from the date this Order is signed through
and including October 31, 2022 shall be excludable in computing time under

the Speedy Trial Act of 1974.

s/Michael A. Hammer

HONORABLE MICHAEL A. HAMMER
United States Magistrate Judge

Form and entry consented to:

Digitally signed by DAVID

DAVID DAUENHEIMER
DAUENHEIMER Date: 2022.08.24

12:55:14 -04'00'

David E. Dauenheimer
Assistant U.S. Attorney

[71 82 —~—»

Rahul K. Sharma, Esq.
Counsel for Defendant Butherde Darius

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