Order Granting a Continuance of the Proceedings — United States v. Wilfredo Valerio (Dkt. 49, D.N.J.)

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An order granting a continuance, Document 49 in Case 2:10-cr-00224-KSH, filed 04/27/10, in the U.S. District Court, District of New Jersey, in United States of America v. Wilfredo Valerio, Criminal No. 10-224 (KSH), before Hon. Katherine S. Hayden. It follows a joint application by the United States Attorney and the defendant, and gives as reasons that plea negotiations are in progress and the defendant consents. It continues the action from April 21, 2010 through July 15, 2010, which it makes excludable under the Speedy Trial Act of 1974. It amends the dates in the Order for Discovery and Inspection, including pretrial motions on or before May 17, 2010, and trial to commence on July 15, 2010.

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Case 2:10-cr-00224-KSH Document 49 Filed 04/27/10 Page 1 of 2 PagelD: 82

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

: Criminal No. 10-224 (KSH)
UNITED STATES OF AMERICA : Hon. Katherine S. Hayden

WILFREDO VALERIO

This matter having been opened to the Court on the
joint application of Paul J. Fishman, United States Attorney for
the District of New Jersey (Robert Frazer, Assistant U.S.
Attorney, appearing), and defendant Wilfredo Valerio (Gary
Cutler, Esq., appearing), application is hereby made for an order
granting a continuance of the proceedings in the above-captioned
matter from April 21, 2010 through July 15, 2010, and the
defendant being aware that he has the right to have this matter
submitted to a trial jury within 70 days of the date of his
arraignment pursuant to Title 18, United States Code, Section
3161(c) (1), and the defendant having consented to the continuance
and waived such right, and for good cause shown,

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

(1) Plea negotiations are currently in progress, and
both the United States and the defendant desire additional time
to negotiate a plea agreement, which would render a trial of this

matter unnecessary;
Case 2:10-cr-00224-KSH Document 49 Filed 04/27/10 Page 2 of 2 PagelD: 83

(2) The defendant consents to the continuance; and
(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 interest of the public and the

defendant in a speedy trial. oe

WHEREFORE, IT IS on chia aay of April, 2010

ORDERED that this action be, and it hereby is,
continued from April 21, 2010 through July 15, 2010;

IT IS FURTHER ORDERED that the period from April 21,
2010 through July 15, 2010 shall be excludable in computing time
under the Speedy Trial Act of 1974;

IT IS FURTHER ORDERED that all dates for the parties to
file and respond to motions, for the motion hearing and for trial
in the court’s Order for Discovery and Inspection, dated April
20, 2010 is hereby amended as follows:

1. Defendant shall file pretrial motions on or
before May 17, 2010;

2. The Government shall respond to such motions
on or before June 4, 2010;

3. The return date for pretrial motions shall be
June 30, 2010; and

4. Trial shall commence on July 15, 2010 at 10:00

“\ AK OA AQ &

HON. KATHERINE S. HAYDEN
United States District Judge


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