Unopposed MOTION for Extension of Time to File Pretrial Motions , Unopposed MOTION to… — USA v. Thomas et al (Dkt. 55)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 55 · 2020-08-20 · Docket on CourtListener

Summary

A motion by defendant Andre Lee Gaines for extension of time to file pretrial motions and to continue the pretrial conference, in United States of America v. Andre Lee Gaines, Criminal Action No. 1:20-CR-296-JPB-AJB, in the U.S. District Court for the Northern District of Georgia, filed August 20, 2020 as Doc. 55. It asks for an additional 60 days, making motions due October 19, 2020, and for the pretrial conference set for August 24, 2020 to be rescheduled after that date. The motion states that the indictment charges conspiracy, bank fraud, wire fraud and money laundering, that the defendant pleaded not guilty on August 6, 2020, and that discovery is approximately 8,000 pages. It states that the government has no objection and asks that the time be excluded under 18 U.S.C. § 3161(h)(7)(A). It is signed by Brian Mendelsohn of the Federal Defender Program, Inc.

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Full text

IN THE UNITED STATES DISTRICT COURT 
 
FOR THE NORTHERN DISTRICT OF GEORGIA 
 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA 
 
) 
) 
v. 
 
 
 
 
)       CRIMINAL ACTION 
) 
NO. 1:20-CR-296-JPB-AJB 
ANDRE LEE GAINES 
 
) 
______________________________________ ) 
 
MOTION FOR EXTENSION OF TIME TO FILE MOTIONS AND TO 
CONTINUE PRETRIAL CONFERENCE 
 
 
COMES NOW, Defendant, ANDRE LEE GAINES, by and through 
undersigned counsel and files this motion for extension of time to file motions and 
to continue the pretrial conference.  Pretrial motions are due on August 21, 2020.  
A pretrial conference is scheduled for August 24, 2020 at 10:00 a.m.  Defendant 
requests that the Court allow him an additional 60 days to file pretrial motions.  
This would make motions due on October 19, 2020. Defendant further requests 
that the pretrial conference be scheduled after October 19, 2020.  For cause, 
Defendant shows the following: 
 
1) 
Defendant has been charged in an indictment with conspiracy, bank 
fraud, wire fraud, and money laundering.  He entered a not guilty plea at his first 
appearance on August 6, 2020.  
Case 1:20-cr-00296-JPB-CMS     Document 55     Filed 08/20/20     Page 1 of 3

2 
 
 
2) 
The discovery is approximately 8,000 pages.  Defense counsel and Mr. 
Gaines need additional time to review the discovery and discuss it prior to filing 
motions.  
 
3) 
Counsel for the Government, Assistant United States Attorney Tal 
Chaiken, has no objection to the granting of this motion.   
 
4) 
The period from the filing of this motion through the pretrial 
conference is properly excluded from the speedy trial clock because the ends of 
justice served by the granting this extension of time outweigh the best interest of 
the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). 
 
WHEREFORE, the defendant respectfully requests that the Court continue 
the pretrial conference and allow him an additional 60 days to file motions. 
 
Dated:  This 20th day of August, 2020. 
Respectfully submitted,  
 
 
 
 
 
 
S/BRIAN MENDELSOHN, Esq. 
 
 
 
 
 
STATE BAR NO. 502031 
 
 
 
 
 
ATTORNEY FOR ANDRE LEE GAINES 
 
FEDERAL DEFENDER PROGRAM, INC. 
Suite 1500, Centennial Tower 
101 Marietta Street, N.W. 
Atlanta, Georgia 30303 
(404) 688-7530 
Brian_Mendelsohn@fd.org 
 
Case 1:20-cr-00296-JPB-CMS     Document 55     Filed 08/20/20     Page 2 of 3

CERTIFICATE OF SERVICE 
 
I hereby certify that on August 20, 2020, I electronically filed this pleading 
with the Clerk of Court using the CM/ECF system which will automatically send 
email notification of such filing to the following attorneys of record: 
 
 
 
Tal Chaiken, Esq. 
 
 
 
Nathan Kitchens, Esq. 
 
 
 
Assistant United States Attorneys 
 
 
 
600 Richard B. Russell Building 
 
 
 
 
75 Ted Turner Drive, S.W. 
Atlanta, GA 30303 
 
 
 
 
 
 
 
 
 
 
 
Dated:  This 20th day of August, 2020. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
s/BRIAN MENDELSOHN, Esq. 
 
  
 
 
 
 
 
ATTORNEY FOR ANDRE LEE GAINES 
 
 
 
 
 
STATE BAR NO. 502031 
Case 1:20-cr-00296-JPB-CMS     Document 55     Filed 08/20/20     Page 3 of 3

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