Order for Continuance Through March 29, 2024 — United States v. Lisa Smith (Dkt. 14, D.N.J.)

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An Order for Continuance in United States of America v. Lisa Smith, Mag. No. 23-2052, in the U.S. District Court for the District of New Jersey, Hon. Ann Marie Donio, filed 01/03/24 as Document 14 in Case 1:24-cr-00469-KMW. The matter came before the Court on the joint application of the United States Attorney and defendant Lisa Smith for a continuance under 18 U.S.C. § 3161(h)(7)(A) through March 29, 2024. The order states that counsel represented the continuance is necessary for effective preparation and to permit the parties to attempt to resolve the case prior to indictment. It orders the action continued through March 29, 2024, with those days excluded under the Speedy Trial Act of 1974. The order is dated January 3rd 2024 and names Hon. Ann Marie Donio, United States Magistrate Judge.

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Case 1:24-cr-O0469-KMW Document14 _ Filed 01/03/24 Page 1 of 3 PagelD: 64

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
is 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 March 29, 2024.

2. This Court granted two § 3161(h)(7)(A) continuances 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.

4. 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.

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

continued for the following reasons:
Case 1:24-cr-00469-KMW Document14_ Filed 01/03/24 Page 2 of 3 PagelD: 65

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.

is 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 March 29, 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-00469-KMW Document14 _ Filed 01/03/24 Page 3 of 3 PagelD: 66

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.

HON. ANN MARIE DONIO
United States Magistrate Judge

Dated: January 3rd 2024

Form and entry consented to:

/s/ Daniel A. Friedman bh Le fbatte>

Daniel A. Friedman / Richard J. Fuschino, Esq.
Assistant U.S. Attorney Counsel for Lisa Smith

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

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