ORDER TO CONTINUE - Ends of Justice as to… — ORDER TO CONTINUE - Ends of Justice as to JAMES WESSELS Time… (Dkt. 13)

Record facts

U.S. District Court for the District of New Jersey · No. 1:23-mj-02054-AMD · Doc. 13 · 2023-10-12 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA  
 
 
 
v. 
 
JAMES WESSELS 
 
: 
 
: 
 
: 
 
Hon. Ann Marie Donio 
 
Mag. No. 23-2054 
 
ORDER FOR CONTINUANCE 
 
 
 
1. 
This matter came before the Court on the joint application of Philip R. 
Sellinger, United States Attorney for the District of New Jersey (Daniel A. 
Friedman and Jason M. Richardson, Assistant U.S. Attorneys, appearing), and 
defendant James Wessels (Mark Catanzaro, Esq., appearing), for an order granting 
a continuance under 18 U.S.C. § 3161(h)(7)(A) through January 2, 2024.  
2. 
This Court granted one § 3161(h)(7)(A) continuance previously in this 
case.  
3. 
Counsel for the parties represented that this 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. 
4. 
Counsel for the United States also represented that this continuance is 
necessary to prevent any more non-excludable days under § 3161(h) from expiring.  
5. 
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. 
6. 
The defendant, through counsel, has consented to this continuance. 
7. 
FOR GOOD CAUSE, THIS COURT FINDS that this case should be 
continued for the following reasons: 
Case 1:23-mj-02054-AMD     Document 13     Filed 10/12/23     Page 1 of 3 PageID: 49

- 2 - 
 
a. 
The charges in this case result from a lengthy investigation, and 
the pre-indictment discovery the United States has voluntarily provided the 
defendant involves many documents and other materials that defense counsel 
requires adequate time to review. 
b. 
Despite the exercise of diligence, therefore, the circumstances of 
this case require giving defense counsel a reasonable amount of additional time for 
effective preparation. 
c. 
Both the United States and the defendant anticipate conducting 
plea negotiations and desire additional time to negotiate a plea agreement, which 
would render grand jury proceedings and a trial in this matter unnecessary.  
d. 
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 through January 2, 2024; and it is 
further 
ORDERED that those days are excluded in computing time under the Speedy 
Trial Act of 1974; and it is further 
 
 
Case 1:23-mj-02054-AMD     Document 13     Filed 10/12/23     Page 2 of 3 PageID: 50

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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. 
HON. ANN MARIE DONIO
United States Magistrate Judge
Dated: October __, 2023 
Form and entry consented to: 
/s/ Daniel A. Friedman      
Daniel A. Friedman 
Assistant U.S. Attorney 
Mark Catanzaro, Esq. 
Counsel for James Wessels 
/s/ Sara A. Aliabadi         
Sara A. Aliabadi 
Deputy Attorney-In-Charge, Camden 
WK
NN MARIE D
tates Magist
/s/ Mark Catanzaro
Case 1:23-mj-02054-AMD     Document 13     Filed 10/12/23     Page 3 of 3 PageID: 51

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