Order for Continuance Through January 2, 2024 — United States v. Lisa Smith (Dkt. 13, D.N.J.)

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An Order for Continuance in United States of America v. Lisa Smith, Mag. No. 23-2052, Document 13 in Case 1:24-cr-00469-KMW, in the U.S. District Court for the District of New Jersey, before Hon. Ann Marie Donio, filed October 11, 2023. The order arises on the joint application of the United States Attorney's Office (Daniel A. Friedman and Jason M. Richardson, Assistant U.S. Attorneys) and defendant Lisa Smith (Richard J. Fuschino, Esq.) for a continuance under 18 U.S.C. § 3161(h)(7)(A) through January 2, 2024. It states that counsel represented the continuance is needed for effective preparation and to attempt to resolve the case before indictment, and that the defendant consented through counsel. It orders that the action is continued through January 2, 2024 and that those days are excluded under the Speedy Trial Act of 1974.

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Case 1:24-cr-00469-KMW Document13 _ Filed 10/11/23 Page 1 of 3 PagelD: 61

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 January 2, 2024.

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

3. 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.

A, Counsel for the United States also represented that this continuance is
necessary to prevent any more non-excludable days under § 3161(h) from expiring.

5. The defendant knows that she 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.

7, FOR GOOD CAUSE, THIS COURT FINDS that this case should be

continued for the following reasons:
Case 1:24-cr-00469-KMW Document13 _ Filed 10/11/23 Page 2 of 3 PagelD: 62

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. Both the United States and the defendant anticipate conducting
plea negotiations and desire additional time to negotiate a plea agreement, which
would render grand jury proceedings and a trial in 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 January 2, 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
Case 1:24-cr-0O0469-KMW Document13 _ Filed 10/11/23 Page 3 of 3 PagelD: 63

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)

HON. ANN MARIE DONIO
United States Magistrate Judge

have expired.

Dated: October If. 2023

Form and entry consented to:

/s/ Daniel A. Friedman
Daniel A. Friedman
Assistant U.S, Attorney

/s/ Sara A. Aliabadt
Sara A. Aliabadi
Deputy Attorney-In-Charge, Camden


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