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Order for Continuance — United States v. Leon Haynes (D.N.J., Document 12)

Summary

Document 12, filed 10/02/23, in Case 2:23-mj-11127-AME, is an Order for Continuance in United States of America v. Leon Haynes, Mag. No. 23-11127, in the District of New Jersey before Hon. ANDRÉ M. ESPINOSA. It rests on the joint application of Philip R. Sellinger, United States Attorney, and defendant Leon Haynes for a 60-day continuance under 18 U.S.C. § 3161(h)(7)(A). The Court finds that the parties want time to discuss possible negotiations of a plea agreement. It orders the action continued from September 27, 2023, through November 30, 2023, and excludes that period under the Speedy Trial Act of 1974.

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“Order for Continuance — United States v. Leon Haynes (D.N.J., Document 12).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-united-states-v-haynes-dkt-12-d-n-j-dd06548088/, SHA-256 a6c44b5aecdbe2838db7262793680e5790e2b64c3fa7f4f47d4acd6a4200d65b.

Full text

  Case 2:23-mj-11127-AME Document 12 Filed 10/02/23 Page 1 of 3 PageID: 30




                      UNITED STATES DISTRICT COURT
                         DISTRICT OF NEW JERSEY


UNITED STATES OF AMERICA                 :       Hon. ANDRÉ M. ESPINOSA

             v.                          :       Mag. No. 23-11127

LEON HAYNES                              :       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 (Fatime Meka

Cano, Assistant U.S. Attorney, appearing), and defendant Leon Haynes (Michael

Thomas,Esq., appearing), for an order granting a 60-day continuance under 18

U.S.C. § 3161(h)(7)(A).

        2.   This Court granted one § 3161(h)(7)(A) continuances previously in this

case.

        3.   Counsel for the parties represented that this additional 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 additional

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.
  Case 2:23-mj-11127-AME Document 12 Filed 10/02/23 Page 2 of 3 PageID: 31




         7.    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

both the United States and the defendant desire time to discuss the matter, and any

possible negotiations of a plea agreement, which would render grand jury

proceedings and a trial in this matter unnecessary.

               b.     Despite the exercise of diligence, therefore, the circumstances of

this case require giving the parties a reasonable amount of additional time for

effective preparation.

               c.     Consequently, the ends of justice served by granting the

continuance outweigh the best interest of the public and the defendant in a speedy

trial.

         IT IS, therefore:

ORDERED that this action is continued for a period of 60 days from September 27,

2023, through November 30, 2023; and it is further



         ORDERED that the period from September 27, 2023, through November 30,

2023, shall be excluded in computing time under the Speedy Trial Act of 1974; and it

is further

         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.



                                           -2-
  Case 2:23-mj-11127-AME Document 12 Filed 10/02/23 Page 3 of 3 PageID: 32



                                      S/ANDRÉ M. ESPINOSA


                                   HON. ANDRÉ M. ESPINOSA
                                   United States Magistrate Judge

Dated: October 2,    2023]


Form and entry consented to:




Fatime Meka Cano
Assistant U.S. Attorney



/s/ Michael Alexander Thomas
Michael Alexander Thomas, Esq.
Counsel for Leon Haynes




                                    -3-

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