ORDER TO CONTINUE - Ends of Justice as to DAMARIS VALERIO Time excluded from 5/29/2024 until… — USA v. VALERIO (Dkt. 16, No. 2:23-mj-11198-AME, filed 2024-05-29)

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Document 16, a three-page Order for Continuance dated May 29, 2024 in the District of New Jersey, Mag. No. 23-11198, United States v. Damaris Valerio, also known as Damaris Tineo Abreu, before Hon. André M. Espinosa. On the joint application of the U.S. Attorney's Office, with AUSA Fatime Meka Cano appearing, and defense counsel John L. Russo, it grants a 60-day continuance under 18 U.S.C. 3161(h)(7)(A), the fourth such continuance. It finds the charges result from a lengthy investigation and that the parties want time to discuss a possible plea agreement that would make grand jury proceedings and trial unnecessary. The case is continued through August 1, 2024, that period is excluded under the Speedy Trial Act of 1974, and the order states that it is not a finding that fewer than 31 non-excludable days have expired.

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Case 2:23-mj-11198-AME Document16- Filed 05/29/24 Page 1 of 3 PagelD: 35

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 (VJohn 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 three § 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 Document16- Filed 05/29/24 Page 2 of 3 PagelD: 36

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 August 1, 2024; and it is further

ORDERED that the period from the date of this order through August 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 Document16- Filed 05/29/24 Page 3 of 3 PagelD: 37

S/ANDRE M. ESPINOSA

HON. ANDRE M. ESPINOSA
United States Magistrate Judge

Dated: [May29, 2024]

Form and entry consented to:

Fatime Meka Cano
Benjamin Bleiberg

Assistant U.S. Attorneys

hn L. Russo, Esq.
Counsel for defendant

DAMARIS VALERIO a/k/a
DAMARIS TINEO ABREU

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