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United States v. Yarleque

United States District Court, Third Circuit

June 24, 2013

UNITED STATES OF AMERICA,
v.
LINDA YARLEQUE and FABIO MORENO VARGAS.

Rachael A. Honig, Assistant U.S. Attorney.

Peter Willis, Esq., Counsel for defendant Lrida Yarleque.

Carol Gillen, Assistant Federal Public Defender. Counsel for defendant Fabio Moreno Vargas

ORDER FOR CONTINUANCE

WILLIAM H. WALLS, District Judge.

This matter having come before the Court on the joint application of Paul J. Fishman, United States Attorney for the District of New Jersey (Rachael A. Honig, Assistant U.S. Attorney, appearing), defendant Linda Yarleque (Peter Willis, Esq., appearing), and defendant Fabio Moreno Vargas (Carol Gillen, Assistant Federal Public Defender, appearing) for an order granting a continuance of the proceedings in the above-captioned matter, and the defendants being aware that they have the right to have the matter brought to trial within 70 days of the date of their appearances before a judicial officer of this court pursuant to Title 18, United States Code, Section 3161(c) (1), and the defendants having consented to such a continuance, and it appearing that the defendants waive such right, 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 discovery in this case involves a large quantity of financial records that defense counsel requires additional time to review;

(2) Taking into account the exercise of diligence, therefore, the facts of case require that defense counsel be permitted a reasonable amount of additional time for effective preparation in matter;

(3) Plea negotiations are currently in progress, and both the United States and the defendants desire additional time to negotiate plea agreements, which would render of matter unnecessary;

(4) As a of the foregoing, pursuant to 18, United States Code, Section 3161(h) (7), the ends of served by granting the continuance outweigh the best interest of the public and the defendant in a speedy trial.

IT IS, therefore, on 27th of June, 2013,

ORDERED that action be, and hereby continued; and is

ORDERED that a status conference shall be held on July 17, 2013 at 9:30 a.m.; and further

ORDERED that a schedule for further proceedings shall be set at the conference; and further

ORDERED that the period from the date of this order through July 17, 2013 shall be excludable in computing time under the Speedy Trial Act of 1974.


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