Continuance Order — United States v. Dionicio Rafael Cruz Valerio, 09 Cr. 476

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A Continuance Order, Document 10 in Case 2:09-cr-00476-JLL, filed 11/10/09, in the U.S. District Court, District of New Jersey, in United States of America v. Dionicio Rafael Cruz Valerio, 09 Cr. 476 (FSH). It records an application by the defendant (Joseph R. Donahue, Esq., appearing) and the United States Attorney (Anthony J. Mahajan, Assistant U.S. Attorney, appearing) for an initial continuance. The order gives as reasons that plea negotiations are in progress and that the defendant consented, and continues the proceedings from October 2, 2009, through December 2, 2009. It states that period is excludable under the Speedy Trial Act of 1974.

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Case 2:09-cr-00476-JLL Document10 Filed 11/10/09 Page4te6f@ Rage|D;:223/4

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA : 09 Cr. 476 (FSH)
V: : CONTINUANCE ORDER

DIONICIO RAFAEL CRUZ VALERIO

This matter having been opened to the Court by defendant Dionicio Rafael Cruz Valerio
(Joseph R. Donahue, Esq., appearing), and Paul J. Fishman, United States Attomey for the District
of New Jersey (Anthony J. Mahajan, Assistant U.S. Attomey, appearing) for an order granting an
initial continuance of the proceedings in the above-captioned matter, and the defendant being
aware that he has the right to have the matter tried within seventy days of the filing date of the
Indictment, pursuant to Title 18 of the United States Code, Section 3161(c), and the defendant
having waived such right, and for good and sufficient cause shown,

IT IS THE FINDING OF THIS COURT that this action should be continued for the
following reasons:

1, Plea negotiations are in progress. The successful completion of such negotiations may
render trial of this matter unnecessary.

2. Defendant has consented to the aforementioned continuance.

3. Pursuant to Title 18 of the United States Code, Section 3161(h)(8), the ends of justice
served by granting the continuance outweigh the best interests of the public and the defendant in a
speedy trial.

WHEREFORE, it ison this |O'" dayof Usvemaoc 2009,

ORDERED that the proceedings in the above-captioned matter are continued from October

2, 2009, through December 2, 2009;

2
Fax from 11-65-69 65:09p Pg:

Case 2:09-cr-00476-JLL Document 10 Filed 11/10/09 Page? eof @ Ragel DB; :234/4

IT IS FURTHER ORDERED that the period between October 2, 2009, through
December 2, 2009, shall be excludable in computing time under the Speedy Trial Act of 1974:
IT IS FURTHER ORDERED that if the defendant intends to file motions, his motions

shall be filed no later than |

IT IS FURTHER ORDERED that any opposition by the Government to defendant’s

motions shall be filed no later than |). mae li. d0G

IT IS FURTHER ORDERED that any reply by the defendant to the Government’s

Opposition shall be filed no later than | )o oy \o00 1030004

IT IS FURTHER ORDERED that the trial in this matter will commence on

) .

HONORABLE FAITH S. a

United States District Judge

Requested and Agreed to by:

\Wz

Joseph R-Wénahue, Esq.

Anthony J. Mahajan, AUSA

3


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