Opinion
22-6021 (DEA)
01-30-2023
UNITED STATES OF AMERICA v. MICHAEL LARBI
Eric Suggs Assistant U.S. Attorney. Adam Axel Counsel for defendant Michael Larbi.
Eric Suggs Assistant U.S. Attorney.
Adam Axel Counsel for defendant Michael Larbi.
ORDER FOR CONTINUANCE
HON. DOUGLAS E. ARPERT United States Magistrate Judge
1. This matter came before the Court on the joint application of Philip R. Sellinger, United States Attorney for the District of New Jersey (Eric Suggs, Assistant U.S. Attorney, appearing), and defendant Michael Larbi (Adam Axel, Esq., appearing), for an order granting a 60-day continuance under 18 U.S.C. § 3161(h)(7)(A).
2. This Court granted one § 3161(h)(7)(A) continuance previously in this case totaling 90 days.
3. Counsel for the parties represented that this additional continuance is necessary for effective preparation and to permit the parties to attempt to resolve this case prior to indictment and thereby avoid a trial.
4. Counsel for the United States also represented that this additional continuance is necessary to prevent any more non-excludable days under § 3161(h) from expiring.
5. The defendant knows that he has the right under § 3161(b) to have this matter submitted to a grand jury within thirty days after his arrest.
6. The defendant, through counsel, has consented to this continuance.
7. FOR GOOD CAUSE, THIS COURT FINDS that this case should be continued for the following reasons:
a. The charges in this case result from a lengthy investigation, and the pre-indictment discovery the United States is voluntarily providing the defendant involves many documents and video recordings that defense counsel requires adequate time to review.
b. Despite the exercise of diligence, therefore, the circumstances of this case require giving defense counsel a reasonable amount of additional time for effective preparation.
c. Consequently, 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:
ORDERED that this action is continued for a period of 60 days from February 2, 2023 through May 2, 2023; and it is further
ORDERED that the period from February 2, 2023 through May 2, 2023 shall be excluded in computing time under the Speedy Trial Act of 1974; and it is further
ORDERED that nothing in this Order or the application prompting it is a finding or representation that less than 31 non-excludable days under § 3161(h) have expired.