Opinion
Grim. No. 12-134
01-03-2013
UNITED STATES OF AMERICA v. HUGO CARREON, a/k/a "Hugo Carrfeon-Dominguez"
Mary E. Toscano Assistant U.S. Attorney Marc E. Leibman, Esq. Counsel for the defendant
Hon. Dennis M. Cavanaugh
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 (by Mary E. Toscano, Assistant U.S. Attorney), and defendant Hugo Carreon (by Marc E. Leibman, Esq.), 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 one continuance having previously been approved by the Court in this matter, 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 parties request an opportunity for sufficient time to review the evidence and engage in plea negotiations, which would render any subsequent trial of this matter unnecessary;
(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 to review the evidence with the defendant, and should plea negotiations fail, time for effective trial preparation in this matter.
(3) As a result of the foregoing, pursuant to Title 1.8, 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 3 day of January, 2013,
ORDERED that this action be, and hereby is, continued until March 14, 2013; and it is further
ORDERED that the period from January 13, 2013 through March 14, 2013 shall be excludable in computing time under the Speedy Trial Act of 1974.
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HON. DENNIS M. CAVANAUGH
United States District Judge
Form and entry
consented to:
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Mary E. Toscano
Assistant U.S. Attorney
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Marc E. Leibman, Esq.
Counsel for the defendant