ORDER TO CONTINUE - Ends of Justice as to BUTHERDE DARIUS Time excluded from 6/28/2022 until… — USA v. DARIUS (Dkt. 18)

Record facts

U.S. District Court for the District of New Jersey · No. 3:22-cr-00783-GC · Doc. 18 · 2022-06-28 · Docket on CourtListener

Summary

An order for a continuance captioned United States of America v. Butherde Darius, Mag. No. 22-10018 (MAH), filed June 28, 2022 as Document 18 in Case 3:22-cr-00783-GC in the U.S. District Court for the District of New Jersey. Entered on the joint application of the United States Attorney's office and defense counsel, it continues the matter from the date of signing through and including August 31, 2022. The court finds that plea negotiations are in progress, that the defendant consented, that a continuance will likely conserve judicial resources, and that under Title 18, United States Code, Section 3161(h)(7) the ends of justice outweigh the interest in a speedy trial. The order notes two prior continuances and excludes the period 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 August 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 two 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 3:22-cr-00783-GC     Document 18     Filed 06/28/22     Page 1 of 3 PageID: 36

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 June, 2022; 
ORDERED that this action be, and it hereby is, continued from the date 
this Order is signed through and including August 31, 2022; and it is further 
28th
Case 3:22-cr-00783-GC     Document 18     Filed 06/28/22     Page 2 of 3 PageID: 37

ORDERED that the period from the date this Order is signed through 
and including August 31, 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 
Rahul K. Sharma, Esq. 
Counsel for Defendant Butherde Darius 
s/Michael A. Hammer
Case 3:22-cr-00783-GC     Document 18     Filed 06/28/22     Page 3 of 3 PageID: 38

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