Opinion
Crim. No. 12-0039 (DMC)
02-29-2012
UNITED STATES OF AMERICA v. BYRAM HUFF
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 Marker, Assistant U.S. Attorney), and defendant Byram Huff (by Candace Horn, Esq.) for an order panting a continuance of the proceedings in the above-captioned matter for a period of 90 'days to allow the parties to conduct plea negotiations and attempt to finalize a plea agreement, and one continuance 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 29 of February, 2012,
ORDERED that this action be, and it hereby is, continued for a period of 90 days from February 15, 2012 through and including May 1.5, 2012; and it is further
ORDERED that the period from February 15, 2012 through and including May 15, 2012 shall be excludable in computing time under the Speedy Trial Act of 1974,
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HONORABLE DENNIS M. CAVANAUGH
United States District Judge
Form, and entry
consented to:
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Mala Ahuja Marker
Assistant U.S. Attorney
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CanJaee Hom, Esq,
Counsel for defendant Byram Huff