Opinion
Criminal No. 11-719 (SDW)
03-15-2012
UNITED STATES OF AMERICA v. DERISH WOLFF
Hon. Susan D. Wigenton
ORDER FOR CONTINUANCE
This matter having been opened to the Court on the joint application of Paul J. Fishman, United States Attorney for the District of New Jersey (Scott B, McBride and Joyce M. Malliet, Assistant U.S. Attorneys, appearing), and defendant Derish Wolff (by Mark W. Rufolo, Esq., and Jeffrey Speiser, Esq.), and good cause having been shown, the Court makes the following findings:
1. The United States filed on January 6, 2012, a motion under Federal Rule of Criminal Procedure 16(d)(1) for modification of the Court's Order for Discovery and Inspection entered on November 9, 2011, upon which motion the Court ruled on February 29, 2012, and this time is thus excluded pursuant to Title 18, United States Code Section 3161(h)(1)(D);
2. This case is sufficiently complex, due to the nature of the prosecution, that it is unreasonable to expect adequate preparation for pretrial proceedings and trial within the time limits established by Title 18, United States Code, Section 3161;
3. In light of the extensive pretrial discovery to be reviewed by the parties, failure to grant a continuance would deny counsel for defendant and the government reasonable time necessary for effective preparation of this case, taking into account the exercise of due diligence;
4. The Court filed an order on March 12, 2012, scheduling this matter for trial on November 7, 2012; and
5. 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 15th day of March, 2012,
ORDERED that this action be, and hereby is, continued until November 7, 2012, and the period between and including January 6, 2012, through November 7, 2012, shall be excluded time under the Speedy Trial Act of 1974, Title 18, United States Code, Sections 3161(h)(1)(D) and 3161(h)(7).
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Hon. SUSAN D. WIGENTON
United States District Judge
Form and entry
consented to:
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Scott B. McBride
Joyce M. Malliet
Assistant U.S. Attorney
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Mark W. Rufolo, Esq.
Jeffrey Speiser Esq.
Counsel for defendant Majee McCoy