ORDER TO CONTINUE - Ends of Justice as to DAMARIS VALERIO Time excluded from 4/2/2024 until… — USA v. VALERIO (Dkt. 14, No. 2:23-mj-11198-AME, filed 2024-04-02)

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An Order for Continuance, Document 14 filed April 2, 2024 in United States of America v. Damaris Valerio a/k/a Damaris Tineo Abreu, Mag. No. 23-11198, in the U.S. District Court for the District of New Jersey before Hon. André M. Espinosa, USMJ. It records the joint application of Philip R. Sellinger, United States Attorney for the District of New Jersey, with Assistant U.S. Attorney Fatime Meka Cano appearing, and of the defendant, with John L. Russo appearing, for a 60-day continuance under 18 U.S.C. § 3161(h)(7)(A). The order notes that two earlier continuances under that section were granted and that counsel represented the additional continuance is needed for effective preparation and to try to resolve the case before indictment. It is signed by Andre M. Espinosa, United States Magistrate Judge.

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Case 2:23-mj-11198-AME Document14 _ Filed 04/02/24 Page 1 of 3 PagelD: 31

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/kia 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 two § 3161(h)(7)(A) continuances previously in

this case. |

2. Counsel for the parties represented that this additional pontinuance 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 Document14 Filed 04/02/24 Page 2 of 3 PagelD: 32

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.

c. 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 June 1, 2024; and it is further

ORDERED that the period from the date of this order through June 1, 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 Document14_ Filed 04/02/24 pags 3 of 3 PagelD: 33
|

S/ANDRE M. ssPINoga

|

rd
HON. ANDRE M. ESPINOSA
United States Magistrate Judge

Dated: [April 2 , 2024]

Form and entry consented to:

Fatima Whaka (ane
Fatime Meka Cano
Assistant U.S. Attorney

(eee

n L. Russo, Esq.
Counsel for defendant
DAMARIS VALERIO a/k/a
DAMARIS TINEO ABREU

a —_ ~

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