Opinion
Mag. No. 12-2574-3 (DEA)
09-21-2012
UNITED STATES OF AMERICA v. ANTHONY DIMATTEO
Hon. Douglas E. Arpert
CONSENT ORDER TO
ADJOURN A PRELIMINARY HEARING
This matter having come before the Court on the joint application of Paul J. Fishman, United States Attorney for the District of New Jersey (Eric W. Moran and Matthew J. Skahill, Assistant U.S. Attorney, appearing), and defendant Anthony Dimatteo (Edward G, Washburne, Esq., appearing), for a consent order adjourning the preliminary hearing in this matter for a period of sixty days, and the defendant having had his initial appearance before the Court on September 10, 2012 at which time he was represented by the Federal Public Defender and was advised of his rights by the Court, and the Court having appointed Edward G. Washburne, Esq. as counsel in this matter on September 11, 2012, and the defendant having a right to a preliminary hearing no later than 21 days after his initial appearance, and defense counsel, on behalf of the defendant, having agreed to adjourn the preliminary hearing for 60 days, and the Government and the defense having represented that extraordinary circumstances exist and justice requires the delay, and the Government and the defense having also previously consented to the entry of a Continuance Order pursuant to 18 U.S.C. § 3161(h)(7), and for good cause shown,
IT IS THE FINDING OF THIS COURT that the preliminary hearing in this matter should be continued for a period of sixty days for the following reasons:
(1) The Government and the defense have jointly requested the adjournment of the preliminary hearing for a period of sixty days;
(2) Pursuant to Federal Rule of Criminal Procedure 5.1(d), extraordinary circumstances exist and justice requires the delay.
IT IS, therefore, on this 21st day of September, 2012,
ORDERED that the time within a preliminary hearing in this matter must be scheduled is adjourned for a period sixty days.
__________________
HON. DOUGLAS E. ARPERT
United state Magistrate Judge
Form and entry consented to: __________________
Eric W. Moran
Matthew J. skahill
Assistant United States Attorney
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Edward G. Washburne, Esq.
Counsel for the Defendant