Opinion
Grim No. 11-720 (SRC)
02-21-2012
UNITED STATES OF AMERICA v. OMAR GADSDEN, a/k/a "Ola"
Hon. Stanley R, Chester
ORDER FOR CONTINUANCE
This matter having been opened to the Court by PAUL J. FISHMAN, United States Attorney for the District ofNew Jersey (Melissa L. Jampol, Assistant U.S. Attorney, appearing), and defendant OMAR GADSDEN, a/k/a "Ola" (Linwood Jones, 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 presented at trial within seventy (70) days of his Indictment; and the defendant requesting additional time to investigate me charges and review discovery; and for good and sufficient cause shown,
IT IS THE FINDING OF THIS COURT that Ms action should be continued for the following reasons:
1. Defendant has consented to the aforementioned continuance to enable the defendant to further investigate the charges and review discovery.
2. The Defendant is pending trial in the U.S. District Court for the Western District of Pennsylvania, under Crim. No. 09-305, which charges him with conspiracy to distribute and possess with intent to distribute one kilogram or more of a mixture and substance containing a detectable amount ofheroin, in violation of Title 21, United States Code, Section 846 and conspiracy to retaliate against a witness, in violation of Title 18 United States Code, Section 1513(f), where he is being detained;
3. The grant of a continuance will likely conserve judicial resources.
4 Pursuant to Title 18, United States Code, Section 3161(h)(7), the ends of justice served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial.
WHEREFORE, it is on this 21th day of February 2012,
ORDERED that the proceedings in the above-captioned matter are continued from February 23,2012 through and including April 22,2012; and
ITS FURTHER ORDERED that the period between February23,2012 through and deluding April 22,2012 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. Chester
United States District Judge
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Linwood Jones, Esq.
Attorney for OMAR GADSDEN
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AUSA Melissa L. Jampol