Court filing
ORDER TO CONTINUE - Ends of Justice as to DAMARIS VALERIO Time excluded from 8/1/2024 until… — USA v. VALERIO (Dkt. 17, No. 3:25-cr-00414-RK, filed 2024-08-01)
Summary
Order for Continuance, Document 17, filed 08/01/24 with page headers reading Case 3:25-cr-00414-RK, District of New Jersey, three pages, under the caption Mag. No. 23-11198 for Damaris Valerio a/k/a Damaris Tineo Abreu. The application of the United States Attorney, with Assistant U.S. Attorney Benjamin D. Bleiberg appearing, and John L. Russo, Esq. seeks a 60-day continuance under 18 U.S.C. § 3161(h)(7)(A). The order continues the action through October 1, 2024, excludes that period under the Speedy Trial Act of 1974, and records that four earlier continuances were granted. It adds that the parties want time to discuss a possible plea agreement that would make grand jury proceedings and a trial unnecessary. The text ends with the printed name Hon. André M. Espinosa and an S/ signature line.
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Record facts
| Court | U.S. District Court for the District of New Jersey |
|---|---|
| Filed | 2024-08-01 |
Cite this document
“ORDER TO CONTINUE - Ends of Justice as to DAMARIS VALERIO Time excluded from 8/1/2024 until… — USA v. VALERIO (Dkt. 17).”
U.S. District Court for the District of New Jersey, No. 3:25-cr-00414-RK, Doc. 17, filed 2024-08-01. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-damaris-valerio-njd-577491/2024-08-01-gov-uscourts-njd-577491-17-0-doc-17/
, SHA-256 abc27cc566cb133a44e46613efc2ec0599dd779ff2ec2902383e9534815e67d7.Full text
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 3:25-cr-00414-RK 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 3:25-cr-00414-RK 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 3:25-cr-00414-RK Document 17 Filed 08/01/24 Page 3 of 3 PageID: 40
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