Opinion
Crim. No. 12-241 (SRC)
01-03-2013
UNITED STATES OF AMERICA v. LEON Z. ABNEY
Aaron Mendelsohn Assistant U.S. Attorney K. Anthony Thomas, AFPD Counsel for Defendant Abney
Hon. Stanley R. Chesler
POST SUPPRESS ION HEARING
(FOURTH) CONTINUANCE ORDER
This matter having come before the Court on defendant's Leon Z. Abney (by K. Anthony Thomas, Assistant Federal Public) application, and Paul J. Fishman, United States Attorney for the District of New Jersey (by Aaron Mendelsohn, Assistant U.S. Attorney), having no objections to the granting of a Post-Suppression Hearing continuance of the proceedings in the above-captioned matter, for the defense to submit closing brief, and the defendant being aware that he has a right to have the matter brought to trial within 70 days of the date of his appearance before a judicial officer of this court pursuant to Title 18 of the United States Code, Section 3161(c)(1), and as the defendant has consented to this continuance, and for good and sufficient cause shown,
IT IS THE FINDING OF THIS COURT that this action should be continued for the following reasons;
1. The grant of this continuance will likely conserve judicial resources;
2. Pursuant to Title 18 of the United States Code, Section trial; and
3. Pursuant to Title 18 of the United States Code, Section 3161(h)(7)(B)(iv), failure to grant the continuance would unreasonably deny counsel for the defendant the reasonable time necessary for effective prepare its Pose-Suppression Hearing submission, raking into account the exercise of due diligence.
WHEREFORE, on this 3 day of __________, 2013,
ORDERED that this action be, and it hereby is, continued for a period of twenty-two (23) days from and including December 31, 2012; and it is further
ORDERED that the defense Post-Suppression submission are due on or before Tuesday, January 22, 2013; and it if further
ORDERED that the period from and including December 31, 2012, through and including January 22, 2013, shall be excludable in computing time under the Speedy Trial Act of 1974, pursuant to Title 18, United States Code, Section 3161(h)(7).
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HON. STANLEY R. CHESLER
United States District Judge
Form and entry
consented to:
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Aaron Mendelsohn
Assistant U.S. Attorney
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K. Anthony Thomas, AFPD
Counsel for Defendant Abney