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United States v. Garzon

United States District Court, D. New Jersey
Nov 30, 2021
19-1583-01 (DEA) (D.N.J. Nov. 30, 2021)

Opinion

19-1583-01 (DEA)

11-30-2021

UNITED STATES OF AMERICA v. FRANCIS ANTHONY GARZON

Eric A. Boden Assistant United States Attorney Lance Lazzaro, Esq. Counsel for Defendant Francis Anthony Garzon


Eric A. Boden Assistant United States Attorney

Lance Lazzaro, Esq. Counsel for Defendant Francis Anthony Garzon

ORDER FOR A CONTINUANCE

HON. DOUGLAS E. ARPERT UNITED STATES MAGISTRATE JUDGE

This matter having come before the Court on the joint application of Rachael A. Honig, Acting United States Attorney for the District of New Jersey (by Eric A. Boden, Assistant United States Attorney), and defendant Francis Anthony Garzon (by Lance Lazzaro, Esq.), for an order granting a continuance of the proceedings in the above-captioned matter from the date this Order is signed through February 28, 2022 to permit defense counsel the reasonable time necessary for effective preparation in this matter and to allow the parties to discuss the matter and conduct plea negotiations in an effort to resolve the case before trial; and the defendant being aware that he has the right to have the matter submitted to a grand jury within 30 days of the date of his arrest pursuant to Title 18, United States Code, Section 3161(b); and five prior continuances having been entered on December 10, 2019, February 28, 2020, April 8, 2021, June 10, 2021, and August 24, 2021; and the defendant, through his attorney, having consented to the 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 anticipate entering into plea negotiations, which would render a trial of this matter unnecessary;
(2) The failure to grant such a continuance would deny counsel for the defendant or the attorney for the government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence;
(3) The defendant has consented to the aforementioned continuance;
(4) The grant of a continuance will likely conserve judicial resources; and
(5) 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.

WHEREFORE, it is on this 30th day of November, 2021;

ORDERED that this action be, and it hereby is, continued from the date this Order is signed through February 28, 2022; and it is further

ORDERED that the period from the date this Order is signed through February 28, 2022 shall be excludable in computing time under the Speedy Trial Act of 1974.


Summaries of

United States v. Garzon

United States District Court, D. New Jersey
Nov 30, 2021
19-1583-01 (DEA) (D.N.J. Nov. 30, 2021)
Case details for

United States v. Garzon

Case Details

Full title:UNITED STATES OF AMERICA v. FRANCIS ANTHONY GARZON

Court:United States District Court, D. New Jersey

Date published: Nov 30, 2021

Citations

19-1583-01 (DEA) (D.N.J. Nov. 30, 2021)