ORDER TO CONTINUE - Ends of Justice as to DAMARIS VALERIO Time excluded from 2/1/2025 until… — USA v. VALERIO (Dkt. 20)

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An Order for Continuance in United States v. Damaris Valerio, Mag. No. 23-11198 (Case 2:23-mj-11198-AME), U.S. District Court for the District of New Jersey, filed January 29, 2025 as Document 20. On the joint application of the United States Attorney and the defendant, the order continues the case through April 1, 2025, under 18 U.S.C. § 3161(h)(7)(A) and excludes that period in computing time under the Speedy Trial Act of 1974. It states that the Court has granted seven § 3161(h)(7)(A) continuances previously and finds that the parties have reached a plea agreement and want time to schedule a plea hearing. Form and entry are consented to by Assistant U.S. Attorney Benjamin D. Bleiberg and John L. Russo, Esq., counsel for the defendant.

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Case 2:23-mj-11198-AME Document 20 Filed 01/29/25 Page 1 of 3 PagelD: 47

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 April 1, 2025.

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

The parties have represented that they have reached a revised 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 Document 20 Filed 01/29/25 Page 2 of 3 PagelD: 48

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 April 1, 2025;

IT IS FURTHER ORDERED that the period from the date of this order

through April 1, 2025, shall be excluded in computing time under the Speedy Trial

Act of 1974; and
Case 2:23-mj-11198-AME Document 20 Filed 01/29/25 Page 3 of 3 PagelD: 49

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.
/

HONORABLE ANDRE M. ESPINOSA
United States District Judge

Dated: January 29 2025

Form and entry consented to:

Benjamin D. Bleiberg
Assistant U.S. Attorney

Jokn L. Russo, Esq.
ounsel for Defendant


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