Opinion
Mag. 20-6010
02-08-2024
UNITED STATES OF AMERICA v. JOSE RIOS
Martha K. Nye Assistant U.S. Attorney David Schafer, Esq. Counsel for Defendant Jose Rios
Martha K. Nye Assistant U.S. Attorney
David Schafer, Esq. Counsel for Defendant Jose Rios
ORDER FOR CONTINUANCE
HON. DOUGLAS E. ARPERT United States Magistrate Judge.
This matter having come before the Court on the joint application of Philip R. Scllinger, United States Attorney for the District of New Jersey (Martha K. Nye. Assistant U.S. Attorney, appearing), and defendant Jose Rios (David Schafer, Esq., appearing), for an order granting a continuance of the proceedings in the above captioned matter through January 31 2024: the defendant being aware that he has the right to have the matter submitted to a grand jury within thirty days of the date of his initial appearance pursuant to Title 18, United States Code, Section 3161(b): the defendant having consented to a fourteenth continuance; and defendant having waived his right to a speedy trial and for good cause shown.
IT IS THE FINDING OF THIS COURT that this action should be continued for the following reasons
(1)The defendant and his counsel have expressed a desire to review informal discovery materials provided by the United States;
(2) The defendant requests this action be continued due to ongoing and serious health complications which require his time and attention;
(3) The granting of a continuance will likely conserve judicial resources and
(4) Pursuant to Title 18. United States Code. Sections 3161(h)(1)(A) and 3161(h)(7)(A), 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 1st day of February 2023, ORDERED that this action be. and hereby is, continued through March 31. 2024. and it is further
ORDERED that the period from the date of this Order through March 31, 2024, shall be excludable in computing time under the Speedy Trial Act of 1974
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.