ORDER TO CONTINUE - Ends of Justice as to BUTHERDE DARIUS Time excluded from 10/27/2022 until… — USA v. DARIUS (Dkt. 20)

Record facts

U.S. District Court for the District of New Jersey · No. 3:22-cr-00783-GC · Doc. 20 · 2022-10-27 · Docket on CourtListener

Summary

An order for a continuance filed October 27, 2022 as Doc. 20 under No. 3:22-cr-00783-GC in United States v. Butherde Darius, in the U.S. District Court for the District of New Jersey; the caption carries Mag. No. 22-10018 (MAH), and the order is signed by United States Magistrate Judge Michael A. Hammer. Entered on the joint application of the United States Attorney and the defendant, the order continues the matter from its signing through and including January 13, 2023. It notes that four prior continuances had been entered and that the defendant consented. The court finds that plea negotiations are in progress 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 excludes that period under the Speedy Trial Act of 1974, with the consent of both counsel.

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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 
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 January 13, 2023 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 four 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 20     Filed 10/27/22     Page 1 of 3 PageID: 42

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 October, 2022; 
ORDERED that this action be, and it hereby is, continued from the date 
this Order is signed through and including January 13, 2023; and it is further 
27th
Case 3:22-cr-00783-GC     Document 20     Filed 10/27/22     Page 2 of 3 PageID: 43

ORDERED that the period from the date this Order is signed through 
and including January 13, 2023 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: 
/s/ David E. Dauenheimer 
David E. Dauenheimer 
Assistant U.S. Attorney 
/s/ Rahul Sharma 
Rahul K. Sharma, Esq. 
Counsel for Defendant Butherde Darius 
s/Michael A. Hammer 
Case 3:22-cr-00783-GC     Document 20     Filed 10/27/22     Page 3 of 3 PageID: 44

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