ORDER TO CONTINUE - Ends of Justice as to… — ORDER TO CONTINUE - Ends of Justice as to LISA SMITH Time… (Dkt. 16)

Record facts

U.S. District Court for the District of New Jersey · No. 1:24-cr-00469-KMW · Doc. 16 · 2024-08-30 · Docket on CourtListener

Summary

An order for continuance in United States v. Lisa Smith, Mag. No. 23-2052, entered in the U.S. District Court for the District of New Jersey by United States Magistrate Judge Ann Marie Donio and filed as Document 16 in Case 1:24-cr-00469-KMW. On the joint application of the United States Attorney and the defendant, the order continues the action through August 30, 2024 under 18 U.S.C. § 3161(h)(7)(A) and excludes those days under the Speedy Trial Act of 1974. It records that four prior continuances were granted and that the defendant consented through counsel. Its findings cite the volume of pre-indictment discovery, defense counsel's need for preparation time, and the order's statement that the defendant has signed a plea agreement. The three-page order bears the consent signatures of Assistant U.S. Attorney Daniel A. Friedman and defense counsel Richard J. Fuschino.

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Full text

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA : Hon. Ann Marie Donio
v. : Mag. No. 23-2052
LISA SMITH : 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 Lisa Smith (Richard J. Fuschino, Esq., appearing), for an order granting
a continuance under 18 U.S.C. § 3161(h)(7)(A) through August 30, 2024.
2. This Court granted four § 3161(h)(7)(A) continuances previously in this
case.
3. The defendant has signed a plea agreement, acceptance of which by
the district court would render any grand jury proceedings and any subsequent trial
of this matter unnecessary.
4. 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.
5. Counsel for the United States also represented that this continuance is
necessary to prevent any more non-excludable days under § 3161(h) from expiring.
6. 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 1:24-cr-00469-KMW     Document 16     Filed 07/09/24     Page 1 of 3 PageID: 70

7. The defendant, through counsel, has consented to this continuance.
8. 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
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. The defendant has signed a plea agreement, acceptance of which
by the district court would render any grand jury proceedings and any subsequent
trial of 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 August 30, 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
-2-
Case 1:24-cr-00469-KMW     Document 16     Filed 07/09/24     Page 2 of 3 PageID: 71

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.
^
Dated: July jL, 2024
Form and entry consented to:
/s/ Daniel A. Friedman
Daniel A. Friedman
Assistant U.S. Attorney
/s/ Sara A. Aliabadi
HON. A^IN MARIE DONIO
United States Magistrate Judge
Richard J. Fuschino, E;
Counsel for Lisa Smith
Sara A. Aliabadi
Deputy Attorney-In-Charge, Camden
-3-
Case 1:24-cr-00469-KMW     Document 16     Filed 07/09/24     Page 3 of 3 PageID: 72

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