ORDER TO CONTINUE - Ends of Justice as to DAMARIS VALERIO Time excluded from 9/27/2024 until… — USA v. VALERIO (Dkt. 18, No. 2:23-mj-11198-AME, filed 2024-09-27)

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An Order for Continuance, Document 18 filed September 27, 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, U.S.M.J. It records the joint application of Philip R. Sellinger, United States Attorney for the District of New Jersey, with Assistant U.S. Attorney Benjamin D. Bleiberg appearing, and of the defendant, with John L. Russo appearing, for a continuance under 18 U.S.C. § 3161(h)(7)(A) through December 1, 2024. The order notes that five earlier continuances under that section were granted and that the parties have represented they have reached a plea agreement. It is signed by Andre M. Espinosa and dated September 27, 2024.

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Case 2:23-mj-11198-AME Document18 Filed 09/27/24 Page 1 of 3 PagelD: 41

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA : Hon. André M. Espinosa, U.S.M.J.

Vv. : Mag. No. 23-11198

DAMARIS VALERIO,
a/k/a “Damaris Tineo Abreu”

ORDER FOR CONTINUANCE

This matter having come 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 (John
L. Russo, Esq., appearing), for an order granting a continuance under 18 U.S.C.
§ 3161(h)(7)(A) through December 1, 2024.

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

The parties have represented that they have reached a plea agreement, and
both the United States and the defendant desire additional time to schedule a plea
hearing and have the plea agreement entered in court, which will avoid the need for
trial.

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

The defendant knows that she has the right under § 3161(b) to have this matter

submitted to a grand jury within thirty days after her arrest.
Case 2:23-mj-11198-AME Document18 Filed 09/27/24 Page 2 of 3 PagelD: 42

The defendant, through counsel, has consented to this continuance.

FOR GOOD CAUSH, THIS COURT FINDS that this case should be continued
for the following reasons:

1. The parties have reached a plea agreement, and both the United States
and the defendant desire additional time to schedule a plea hearing and have the plea
agreement entered in court, which will avoid the need for trial.

2. The grant of a continuance will render grand jury proceedings and a
trial in this matter unnecessary and will likely conserve judicial resources.

3. Thus, the ends of justice served by granting the continuance and
preventing any further non-excludable days from passing under § 3161(h) 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 December 1, 2024;

IT IS FURTHER ORDERED that the period from the date of this order
through December 1, 2024, shall be excluded in computing time under the Speedy

Trial Act of 1974; and
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Case 2:23-mj-11198-AME Document18_ Filed 09/27/24 Page 3 of 3 PagelD: 43

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.

S/ANDRE M. ESPINOSA

HONORABLE ANDRE M. ESPINOSA
United States District Judge

Dated: September 27, 2024

Form and entry consented to:

Ah

Benjamin D. Bleiberg
Fatime Meka Cano
Assistant U.S. Attorneys

—John L, Russo, Es
Counsel for Defendant

——

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