Opinion
Crim. No. 11-0878 (SRC)
03-26-2012
UNITED STATES OF AMERICA v. DOMINQUE AUSTON
Hon. Stanley R. Chesler
ORDER FOR CONTINUANCE
This matter having come before the Court on the joint application of Paul J. Fishman, United States Attorney for the District of New Jersey (Rodney C. Villazor, Assistant U.S. Attorney, appearing), and defendant Dominque Auston (Kevin Carlucci, Esq., appearing), for an order granting a continuance of the proceedings in the above-captioned matter, and the defendant being aware that he has the 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 such a 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 discovery involves a substantial amount of crack cocaine and defense counsel requires adequate time to review and advise his client;
(2) Taking into account the exercise of diligence, therefore, the facts of this case require that defense counsel be permitted a reasonable amount of additional time for effective preparation in this matter;
(3) Plea negotiations are currently in progress, 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;
(4) As a result of the foregoing, pursuant to Title 18, United States Code, Section 3161(h)(7), 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 day of March, 2012
ORDERED that this action be, and hereby is, continued until May 25, 2012; and it is further
ORDERED that the Court shall set a motion briefing schedule and trial date at a later date;
ORDERED that the period from the date of this order through May 25, 2012, shall be excludable in computing time under the Speedy Trial Act of 1974.
________________________
HON. STANLEY R. CHESLER
United States District Judge
Form and entry
consented to:
________________________
Rodney C, Villa
Assistant U.S. Attorney
________________________
KevinCarluctrir, Esq.
Counsel for defendant Dominique Auston