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United States v. Schwinger

United States District Court, D. New Jersey
Sep 16, 2021
Mag. 19-1577 (DEA) (D.N.J. Sep. 16, 2021)

Opinion

Mag. 19-1577 (DEA)

09-16-2021

UNITED STATES OF AMERICA v. SAMUEL SCHWINGER

Michelle S. Gasparian Assistant United States Attorneys Benjamin West, Esq. Counsel for Defendant, Samuel Schwinger


Michelle S. Gasparian Assistant United States Attorneys

Benjamin West, Esq. Counsel for Defendant, Samuel Schwinger

ORDER FOR A CONTINUANCE

HON. DOUGLAS E. ARPERT UNITED STATES MAGISTRATE JUDGE

This matter having come before the Court on the joint application of Rachael A. Honig, Acting United States Attorney for the District of New Jersey (by Michelle S. Gasparian, Assistant United States Attorney), and defendant Samuel Schwinger (by Benjamin West, Esq.), for an order granting a continuance of the proceedings in the above-captioned matter from the date this Order is signed through December 15, 2021 to permit defense counsel the reasonable time necessary for effective preparation in this matter and to allow the parties to discuss the matter and conduct plea negotiations in an effort to resolve the case before grand jury proceedings and trial; 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 five prior continuances having been previously entered; and the defendant, through his attorney, having consented to the 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) The parties anticipate exchanging discovery and entering into plea negotiations, which would render any grand jury proceedings and any subsequent trial of this matter unnecessary;

(2) The failure to grant such a continuance would deny counsel for the defendant or the attorney for the government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence;

(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 interests of the public and the defendant in a speedy trial.

WHEREFORE, it is on this 16th day of September, 2021;

ORDERED that this action be, and it hereby is, continued from the date this Order is signed through December 15, 2021; and it is further

ORDERED that the period from the date this Order is signed through December 15, 2021 shall be excludable in computing time under the Speedy Trial Act of 1974.

Form and entry consented to:


Summaries of

United States v. Schwinger

United States District Court, D. New Jersey
Sep 16, 2021
Mag. 19-1577 (DEA) (D.N.J. Sep. 16, 2021)
Case details for

United States v. Schwinger

Case Details

Full title:UNITED STATES OF AMERICA v. SAMUEL SCHWINGER

Court:United States District Court, D. New Jersey

Date published: Sep 16, 2021

Citations

Mag. 19-1577 (DEA) (D.N.J. Sep. 16, 2021)