Opinion
Crim. No. 11-341 (SDW)
02-27-2012
CONTINUANCE ORDER
This matter having come before the Court on the joint application of Paul J. Fishman, United States Attorney for the District of New Jersey (by Mala Ahuja Harker, Assistant U.S. Attorney), and defendant Lawrence J. Brown (by Patrick McMahon, Esq.) for an order granting a continuance of the proceedings in the above-captioned matter for a period of time until May 21, 2012 to allow the parties to conduct plea negotiations and attempt to finalize a plea agreement, and two continuances having previously been granted by the Court pursuant to Title 18, United States Code, Section 3161(h)(7)(A), so that the parties could attempt to resolve the matter and thereby avoid a possible trial, and the defendant being aware that he has the right to have the matter tried within seventy days of the date of his arraignment pursuant to Title 18, United States Code, Section 3161(b), and the defendant having consented to the continuance and waived such right, and for good cause shown,
It IS THE FINDING OF THIS COURT that this action should be continued for the following reasons:
(1) 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 a trial of this matter unnecessary;
(2) 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 February, 2012,
ORDERED that this action be, and it hereby is, continued for a period from February 2, 2012 through and including May 21,2012; and it is further
ORDERED that the period from February 2, 2012 through and including May 21, 2012 shall be excludable in computing time under the Speedy Trial Act of 1974; and it is further
ORDERED that defendant's motions be filed by ________________________;
The government's replies to such motions be filed by _______________________;
Motions to be heard on _______________________.
HONORABLE SUSAN D. WIGENTON
UNITED STATES DISTRICT JUDGE
Form and entry
consented to:
________________________
Mala Ahuja Harker
Assistant U.S. Attorney
________________________
Patrick McMahon, Esq
Counsel for defendant Lawrence J. Brown