ORDER TO CONTINUE - Ends of Justice as to DAMARIS VALERIO Time excluded from 8/1/2024 until… — USA v. VALERIO (Dkt. 17, No. 2:23-mj-11198-AME, filed 2024-08-01)

Summary

Document 17, filed 08/01/24 in Mag. No. 23-11198 (2:23-mj-11198-AME), District of New Jersey, three pages, continues the matter against Damaris Valerio a/k/a Damaris Tineo Abreu from the date of the order through October 1, 2024 and excludes that period under the Speedy Trial Act of 1974. The order states that the Court granted four § 3161(h)(7)(A) continuances previously in this case. It says counsel for both sides need the time for effective preparation and to try to resolve the case before indictment, and that the defendant consented through counsel. The application was made by the United States Attorney, with Assistant U.S. Attorney Benjamin D. Bleiberg appearing, and by John L. Russo, Esq. for the defendant. The signature block names Hon. André M. Espinosa.

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UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA 
v. 
DAMARIS VALERIO a/k/a 
DAMARIS TINEO ABREU 
: 
: 
: 
Hon. André M. Espinosa, USMJ 
Mag. No. 23-11198 
ORDER FOR CONTINUANCE 
This matter came before the Court on the joint application of Philip R. 
Sellinger, United States Attorney for the District of New Jersey (Benjamin D. 
Bleiberg, 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 four § 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 17     Filed 08/01/24     Page 1 of 3 PageID: 38

- 2 -
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 October 1, 2024; and it is further 
ORDERED that the period from the date of this order through October 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     Document 17     Filed 08/01/24     Page 2 of 3 PageID: 39

- 3 -
HON. ANDRÉ M. ESPINOSA 
United States Magistrate Judge 
Dated: August       , 2024 
Form and entry consented to: 
Benjamin D. Bleiberg 
Fatime Meka Cano 
Assistant U.S. Attorneys 
 John L. Russo, Esq. 
Counsel for defendant  
DAMARIS VALERIO a/k/a 
DAMARIS TINEO ABREU 
1
S/ANDRÉ M. ESPINOSA
Case 2:23-mj-11198-AME     Document 17     Filed 08/01/24     Page 3 of 3 PageID: 40

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