Opinion
21-10198
05-01-2024
UNITED STATES OF AMERICA v. THOMAS RODGERS
Dong Joo Lee, Assistant U.S. Attorney. Georgina G. Pallitto, Counsel for Thomas Rodgers.
Dong Joo Lee, Assistant U.S. Attorney.
Georgina G. Pallitto, Counsel for Thomas Rodgers.
ORDER FOR CONTINUANCE
HON. MICHAELA. HAMMER 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 (Dong Joo Lee, Assistant U.S. Attorney, appearing), and defendant Thomas Rodgers (Georgina Pallito, Esq., appearing), for an order granting a continuance under 18 U.S.C, § 3161(h)(7)(A) through June 30, 2024.
2, This Court granted nine § 3161(h)(7)(A) continuances previously in this case.
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 she has the right under § 3161(b) to have this matter submitted to a grand jury within thirty days after her 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. This case is sufficiently complex, as it involves multiple incidents and victims, that it is unreasonable to expect adequate preparation for pretrial proceedings within the time limits provided by the Speedy Trial Act.
b. 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 grand jury proceedings and a trial in this matter unnecessary.
c. Thus, the ends of justice served by granting the continuance and preventing any further non-excludable days from passing under § 3161(h) outweigh the best interest of the public and the defendant in a speedy trial.
IT IS, therefore:
ORDERED that this action is continued from April 30, 2024 through June 30, 2024; and it is further
ORDERED that those days are 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.