ORDER TO CONTINUE - Ends of Justice as to DAMARIS VALERIO Time excluded from 3/27/2025 until… — USA v. VALERIO (Dkt. 21, No. 3:25-cr-00414-RK, filed 2025-03-27)

Summary

Document 21, filed 03/27/25 in No. 3:25-cr-00414-RK 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. 23-11198, before Magistrate Judge André M. Espinosa. On the joint application of the government and defense counsel John L. Russo, it extends the case under 18 U.S.C. 3161(h)(7)(A) to a date early in the following summer of 2025 that the scan prints as garbled characters. The stated basis is that the parties have reached a revised plea agreement and need time to schedule a plea hearing, which would make grand jury proceedings and trial unnecessary. The time is excluded under the Speedy Trial Act with the defendant's consent, and the order is not a finding on non-excludable days.

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1
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, U.S.M.J. 
Mag. No. 23-11198 
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 -XQH 1, 2025.
This Court has granted HLJKW § 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 3:25-cr-00414-RK     Document 21     Filed 03/27/25     Page 1 of 3 PageID: 50

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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 -XQH 1, 2025;  
IT IS FURTHER ORDERED that the period from the date of this 
order through -XQH 1, 2025, shall be excluded in computing time under the 
Speedy Trial Act of 1974; and  
Case 3:25-cr-00414-RK     Document 21     Filed 03/27/25     Page 2 of 3 PageID: 51

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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 ANDRÉ M. ESPINOSA
United States District Judge
Dated: 0DUFK __, 2025 
Form and entry consented to:
Benjamin D. Bleiberg 
Assistant U.S. Attorney
John L. Russo, Esq.
Counsel for Defendant 
27
/s/ John L. Russo 
___________________________
NORABLE ANDRÉ M. ESPIN
ed States District Judge
Case 3:25-cr-00414-RK     Document 21     Filed 03/27/25     Page 3 of 3 PageID: 52

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