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First Consent Motion to Continue Preliminary Hearing — U.S. v. John Bernardo, No. 3:21-mj-01112 (D. Conn.)

Summary

Defendant's First Consent Motion to Continue Preliminary Hearing in United States of America v. John Bernardo, 3:21-MJ-01112 (RMS), Document 14, filed 11/10/21 in the District of Connecticut. The defendant, through undersigned counsel, moves to continue the preliminary hearing for approximately 60 days, or until January 24, 2022, under Rules 5.1(d) and 45(b) of the Federal Rules of Criminal Procedure. It states that the arrest and initial appearance occurred on November 4, 2021, the hearing is currently scheduled for November 24, 2021, and counsel needs additional time to negotiate a disposition with the government. Counsel for the government consents. The motion is signed /s/ Noor Abu-Hantash.

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Cite this document

“First Consent Motion to Continue Preliminary Hearing — U.S. v. John Bernardo, No. 3:21-mj-01112 (D. Conn.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-21-mj-01112-dkt-14-d-conn-9f5dabe431/, SHA-256 98cf1668e3a6665e2d291479cc29377bed912f03698f98148631e704936ae464.

Full text

         Case 3:21-mj-01112-RMS Document 14 Filed 11/10/21 Page 1 of 2




                              UNITED STATES DISTRICT COURT
                               DISTRICT OF CONNECTICUT


UNITED STATES OF AMERICA                     :       3:21-MJ-01112 (RMS)
                                             :
               vs.                           :
                                             :
JOHN BERNARDO                                :       NOVEMBER 10, 2021


                     DEFENDANT’S FIRST CONSENT MOTION TO
                        CONTINUE PRELIMINARY HEARING


       The defendant, Mr. John Bernardo, through undersigned counsel, respectfully moves to

continue the preliminary hearing in the above-captioned matter for approximately 60 days,

pursuant to Rules 5.1(d) and 45(b) of the Federal Rules of Criminal Procedure. Mr. Bernardo’s

arrest and initial appearance occurred on November 4, 2021. Under 18 U.S.C. § 3161(b), an

indictment or information must be filed within 30 days of a defendant’s arrest. Rule 5.1(c) of the

Federal Rules of Criminal Procedure additionally requires that a preliminary hearing be held

within 14 days of the initial appearance of a defendant who is in custody. A preliminary hearing is

currently scheduled for November 24, 2021.

        Undersigned counsel is in need of additional time to negotiate a disposition with the

government. The defendant therefore moves to continue the time within which a preliminary

hearing should be held by 60 days, or until January 24, 2022.

        This is the defendant’s first request for an extension of the preliminary hearing date. A

signed waiver of rights will be filed forthwith. Counsel for the government consents to the

proposed continuance.
          Case 3:21-mj-01112-RMS Document 14 Filed 11/10/21 Page 2 of 2




        For the reasons stated above, the defendant respectfully requests that the Court exclude

the time through and including January 24, 2022 from calculation under Rule 5.1 and 18 U.S.C.

§ 3161(b), as a continuance is in the interest of justice.



                                                THE DEFENDANT,
                                                JOHN BERNARDO

                                                BY /s/ Noor Abu-Hantash___________
                                                NOOR ABU-HANTASH
                                                Fed. Bar No. CT30594
                                                2 Lincoln Street
                                                New Haven, CT 06510
                                                (203) 624-6115 (tel)
                                                (203) 624 4791 (fax)




                                             CERTIFICATION

         I hereby certify that on this 10th day of November, 2021, a copy of the foregoing Motion
was filed electronically and served by mail on anyone unable to accept electronic filing. Notice
of this filing will be sent by e-mail to all parties by operation of the Court’s electronic filing system
or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic
Filing. Parties may access this filing through the Court MC/ECF System.



                                        /s/ Noor Abu-Hantash___
                                        NOOR ABU-HANTASH

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