ORDER TO CONTINUE - Ends of Justice as to DAMARIS VALERIO Time excluded from 1/19/2024 until… — USA v. VALERIO (Dkt. 12, No. 2:23-mj-11198-AME, filed 2024-01-19)

Summary

An Order for Continuance in United States of America v. DAMARIS VALERIO a/k/a DAMARIS TINEO ABREU in the U.S. District Court for the District of New Jersey, signed by Hon. André M. Espinosa, United States Magistrate Judge, dated January 19, 2024 and filed 01/19/24 as Document 12 under Case 2:23-mj-11198-AME. On the joint application of the United States and the defendant for a 60-day continuance under 18 U.S.C. § 3161(h)(7)(A), it continues the action through March 30, 2024 and excludes that period in computing time under the Speedy Trial Act of 1974.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

Case 2:23-mj-11198-AME     Document 12     Filed 01/19/24     Page 1 of 3 PageID: 27
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA Hon. André M. Espinosa, USMJ
v. : Mag. No. 23- 11198
DAMARIS VALERIO a/k/a : ORDER FOR CONTINUANCE
DAMARIS TINEO ABREU

This matter came before the Court on the joint application of , Philip R.
Sellinger, United States Attorney for the District of New Jersey (Fatime Meka
Cano, Assistant U.S. Attorney, appearing), and defendant DAMARIS VALERIO
a/k/a DAMARIS TINEO ABREU (John L. Russo, Esq., appearing), for an order
granting a 60-day continuance under 18 U.S.C. § 3161(h)(7)(A).

1. This Court granted one § 3161(h)(7)(A) continuances previously in this
case.

2. Counsel for the parties represented that this additional continuance is
necessary for effective preparation and to permit the parties to attempt to resolve
this case prior to indictment and thereby avoid a trial.

3. Counsel for the United States also represented that this additional
continuance is necessary to prevent any more non-excludable days under § 3161(h)
from expiring.

4. The defendant knows that he has the right under § 3161(b) to have
this matter submitted to a grand jury within thirty days after his arrest.

5. The defendant, through counsel, has consented to this continuance.
Case 2:23-mj-11198-AME     Document 12     Filed 01/19/24     Page 2 of 3 PageID: 28
6. FOR GOOD CAUSE, THIS COURT FINDS that this case should be
continued for the following reasons:

a. The charges in this case result from a lengthy investigation, and
both the United States and the defendant desire time to discuss the matter, and any
possible negotiations of a plea agreement, which would render grand jury
proceedings and a trial in this matter unnecessary.

b. Despite the exercise of diligence, therefore, the circumstances of
this case require giving the parties a reasonable amount of additional time for
effective preparation.

Gi Consequently, the ends of justice served by granting the
continuance outweigh the best interest of the public and the defendant in a speedy
trial.

IT IS, therefore:
ORDERED that this action is continued for a period from the date of this order
through March 30, 2024; and it is further

ORDERED that the period from the date of this order through March 30,
2024, shall be excluded in computing time under the Speedy Trial Act of 1974; and it
is further

ORDERED that nothing in this Order or the application prompting it is a
finding or representation that less than 31 non-excludable days under § 3161(h)

have expired.
Case 2:23-mj-11198-AME     Document 12     Filed 01/19/24     Page 3 of 3 PageID: 29
S/ANDRE M. ESPINOSA

HON. ANDRE M. ESPINOSA
United States Magistrate Judge

Dated: January 19, 2024]

Form and entry consented to:

Fatime Meka Cano
Assistant U.S. Attorney

pal evs

f John L. Russo, Esq.

ea for defendant
DAMARIS VALERIO a/k/a
DAMARIS TINEO ABREU


File and source

File

gov.uscourts.njd.536453.12.0.pdf

Size

351,171 bytes

SHA-256

7c07116a384b61ad71265f41b7a28933394356ce6dfbacce0a3f3d37a0562f56

Our copy

gov.uscourts.njd.536453.12.0.pdf

Original

PACER (login required)