Opinion
Mag. 22-6009 (DEA)
07-18-2023
UNITED STATES OF AMERICA v. TYSHAUN POPE
Lisa Van Hoeck, Esq Counsel for Defendant Ian D. Brater Assistant U.S. Attorney Eric A. Boden Attorney-in-Charge Trenton Branch Office
Lisa Van Hoeck, Esq
Counsel for Defendant
Ian D. Brater
Assistant U.S. Attorney
Eric A. Boden
Attorney-in-Charge
Trenton Branch Office
CONTINUANCE ORDER
HON. DOUGLAS E. ARPERT, UNITED SPATES MAGISTRATE JUDGE
This matter having come before the Court on the joint application of Philip R. Sellinger, United States Attorney for the District of New Jersey (by Ian D. Brater, Assistant U.S. Attorney), and defendant TYSHAUN POPE (by Lisa Van Hoeck, Esq.) for an order granting a continuance of the proceedings in the above-captioned matter from the date this Order is signed through October 13, 2023; and six continuances having previously been granted by this Court; 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 the defendant, through his attorney, having consented to this 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) Plea negotiations have commenced and are ongoing, and both the United States and the defendant seek time to achieve a successful resolution of these negotiations, which would render grand jury proceedings and a trial in this matter unnecessary;
(2) Despite the exercise of due diligence, the circumstances of this case require giving defense counsel a reasonable amount of time to review preindictment discovery and for effective preparation;
(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.
IT IS, therefore, on this 18th day of July, 2023, ORDERED that this action be, and it hereby is, continued from the date this Order is signed through October 13, 2023; and it is further
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ORDERED that the period from the date this Order is signed through and including October 13, 2023 shall be excludable 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.