ORDER TO CONTINUE - Ends of Justice as to DAMARIS VALERIO Time excluded from 11/26/2024… — USA v. VALERIO (Dkt. 19)

Summary

Document 19, filed 11/26/24, in the U.S. District Court for the District of New Jersey, is a three-page Order for Continuance in United States v. Damaris Valerio, Mag. No. 11198 as scanned, before Magistrate Judge André M. Espinosa. On the joint application of the government and defense counsel John L. Russo, it continues the matter through February 1, 2025 under 18 U.S.C. 3161(h)(7)(A), the seventh such continuance in the case. The reason given is that the parties have reached a plea agreement and need time to schedule a plea hearing, which would avoid grand jury proceedings and trial. The time is excluded under the Speedy Trial Act, and the defendant, through counsel, consents.

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Case 2:23-mj-11198-AME Document19_ Filed 11/26/24 Page 1 of 3 PagelD: 44

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA : Hon. André M. Espinosa, U.S.M.J.
Vv. : Mag. No. 28-11198

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 February 1, 2025.

This Court has granted six § 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 Document19_ Filed 11/26/24 Page 2 of 3 PagelD: 45

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

FOR GOOD CAUSE, 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 February 1, 2025;

IT IS FURTHER ORDERED that the period from the date of this order
through February 1, 2025, shall be excluded in computing time under the Speedy

Trial Act of 1974; and
Case 2:23-mj-11198-AME Document19_ Filed 11/26/24 Page 3 of 3 PagelD: 46

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

HONORABLE ANDRE M. ESPINOSA
United States District Judge

under § 8161(h) have expired.

‘Dated: November 2024

Form and entry consented to:

Mise

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

dobh L. Russo, Esq.
_-- Counsel for Defendant

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