Opinion
Mag. 20-6010
04-20-2022
UNITED STATES OF AMERICA v. JOSE RIOS
Martha K. Nye, David Schafer, Esq. Counsel for Defendant Jose Rios.
Martha K. Nye, David Schafer, Esq. Counsel for Defendant Jose Rios.
ORDER FOR CONTINUANCE
HOM. DOUGLAS E. ARPERT, United Stales Magistrate Judge.
This matter having come before the Court on the joint application of Philip R. Sellinger. United States Attorney for the District of New Jersey (Martha K Nye, Assistant U.S. Attorney, appearing), and defendant Jose Rios (David Schafer, Esq appearing), for an order granting a continuance of the proceedings in the above captioned matter through September 30, 2022, the defendant being aware that he has the right to have the matter submitted to a grand jury within thirty days of the date of his initial appearance pursuant to Title 18, United States Code. Section 3161(b); the defendant having consented Io a sixth continuance; and defendant having waived his right to a speedy trial, and for good cause shown:
IT IS THE FINDING OF THIS COURT that this action should be continued for the following reasons:
(1)The defendant and his counsel have expressed a desire to review informal discovery materials provided by the United States;
(2) Plea negotiations are anticipated and both the United States and the defendant desire additional time to negotiate a plea agreement, which would render any grand jury proceedings and any subsequent trial of this matter unnecessary;
(3) The granting of a continuance will tikeiy conserve judicial resources; and
(4) Pursuant to Title 18. United States Code, Sections 3161 (h)(1)(A) and 3161(h)(7)(A), 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, on this, 20TH day of APRIL 2022.
ORDERED that this action be, and hereby is, continued through September 30, 2022, and it is further
ORDERED that the period from the date of this Order through September 30, 2022, shall be excludable in computing time under the Speedy Trial Act of 1974.