Order for Continuance Through October 16, 2023 — United States v. Lisa Smith (Dkt. 10, D.N.J.)

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A three-page Order for Continuance filed July 26, 2023 as Document 10 in United States of America v. Lisa Smith, Mag. No. 23-2052, in the U.S. District Court for the District of New Jersey, before Hon. Ann Marie Donio. On the joint application of the United States Attorney and the defendant, the order continues the matter under 18 U.S.C. § 3161(h)(7)(A) through October 16, 2023. It 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, and that the defendant, through counsel, consented. It orders that the action is continued through October 16, 2023 and that those days are excluded in computing time under the Speedy Trial Act of 1974.

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Case 1:24-cr-0O0469-KMW Document10_ Filed 07/26/23 Page 1 of 3 PagelD: 51

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA Hon. Ann Marie Donio
Vv. , : 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 ( R , g Se bi He , isq., appearing), for an order granting a

continuance under 18 U.S.C. § 3161(h)(7)(A) through October 16, 2023.

2. This Court granted no § 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 her 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-0O0469-KMW Document10_ Filed 07/26/23 Page 2 of 3 PagelD: 52

a. The charges in this case result from a lengthy investigation, and
the pre-indictment discovery the United States will voluntarily provide 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. 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 October 16, 2023; 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 Document10_ Filed 07/26/23 Page 3 of 3 PagelD: 53

ORDERED that nothing in this Order or the application prompting it is a
finding or representation that less than 31 non-excludable days under § 8161(h)
have expired.

United States Magistrate Judge

Dated: July 242028

Form and entry consented to:

Daniel A. Friedman all
Assistant U.S. Attorney Counsel for Li€a Smith


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