Opinion
Crim. NO. 12-177-2 (SDW)
01-07-2013
UNITED STATES OF AMERICA v. EDWIN MONTOYA-LONGA
SHIRLEY U. EMEHELU Assistant U.S. Attorney Richard J. Verde, Esq. Counsel for defendant EDWIN MONTOYA-LONGA
Hon. Susan D. Wigenton
ORDER FOR CONTINUANCE
This matter having come before the Court on the joint application of Paul J. Fishman, United States Attorney for the District of New Jersey (Shirley U. Emehelu, Assistant U.S. Attorney, appearing) , and defendant EDWIN MONTOYA-LONGA (Richard J. Verde, 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 brought to trial within 70 days of the date of his appearance before a judicial officer of this court pursuant to Title 18, United States Code, Section 3161(c)(1), and the defendant having consented to such a continuance, and it appearing that the defendant waives such right, 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) 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 trial of this matter unnecessary;
(2) As a result of the foregoing, 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 7th day of January, 2013,
ORDERED that this action be, and hereby is, continued until March 4, 2013; and it is further
ORDERED that the period from the date of this order through March 4, 2013 shall be excludable in computing time under the Speedy Trial Act of 1974.
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HON. SUSAN D. WIGENTON
United States District Judge
Form and entry
consented to:
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SHIRLEY U. EMEHELU
Assistant U.S. Attorney
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Richard J. Verde, Esq.
Counsel for defendant EDWIN MONTOYA-LONGA