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

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An Order for Continuance filed April 9, 2024 as Document 15 in United States of America v. Lisa Smith, Mag. No. 23-2052, in the U.S. District Court for the District of New Jersey, with the signature block of Magistrate Judge Ann Marie Donio. The order states that it came before the court on the joint application of the United States Attorney for the District of New Jersey and defendant Lisa Smith for a continuance under 18 U.S.C. § 3161(h)(7)(A) through May 29, 2024. It recites that the defendant has signed a plea agreement and that counsel represented the continuance is necessary for effective preparation. It orders the action continued through May 29, 2024 and the days excluded in computing time under the Speedy Trial Act of 1974.

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Case 1:24-cr-00469-KMW Document15 _ Filed 04/09/24 Page 1 of 3 PagelD: 67

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 May 29, 2024.

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

3. The defendant has signed a plea agreement, acceptance of which by
the district court would render any grand jury proceedings and any subsequent trial
of this matter unnecessary.

4, 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.

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

6. The defendant knows that she has the right under § 3161(b) to have

this matter submitted to a grand jury within thirty days after her arrest.
Case 1:24-cr-0O0469-KMW Document15_ Filed 04/09/24 Page 2 of 3 PagelD: 68

7. The defendant, through counsel, has consented to this continuance.
8. 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
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.

Cc. The defendant has signed a plea agreement, acceptance of which
by the district court would render any grand jury proceedings and any subsequent
trial of 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 May 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 Document15-_ Filed 04/09/24 Page 3 of 3 PagelD: 69

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: April _{ , 2024

Form and entry consented to:

/s/ Daniel A. Friedman //

Daniel A. Friedman Richayd J. FAsctino, st.
Assistant U.S. Attorney Cougsel foy/Lisa Smith

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

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