ORDER TO CONTINUE - Ends of Justice as to DAMARIS VALERIO Time excluded from 5/29/2024 until… — USA v. VALERIO (Dkt. 16, No. 3:25-cr-00414-RK, filed 2024-05-29)

Summary

This is a second docket's copy of the May 29, 2024 Order for Continuance in Mag. No. 23-11198, with page stamps reading Case 3:25-cr-00414-RK, Document 16. Magistrate Judge André M. Espinosa signs it in United States v. Damaris Valerio, a/k/a Damaris Tineo Abreu. The parties jointly sought 60 more days after three earlier continuances, saying more time was needed for preparation and to try to resolve the matter before indictment. The order recites that the defendant has the right to a grand jury submission within thirty days of arrest and consented through counsel. The period through August 1, 2024 is excluded under the Speedy Trial Act of 1974, with Fatime Meka Cano and Benjamin Bleiberg for the government and John L. Russo for the defense.

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Case 3:25-cr-00414-RK 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 3:25-cr-00414-RK 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 3:25-cr-00414-RK Documenti6 - 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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