Unopposed MOTION for Extension of Time to File Pretrial Motions by Andre Lee Gaines — USA v. Thomas et al (Dkt. 69)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 69 · 2020-10-20 · Docket on CourtListener

Summary

A motion by defendant Andre Lee Gaines for an extension of time to file pretrial motions in United States v. Thomas et al, No. 1:20-cr-00296-JPB-CMS, in the U.S. District Court for the Northern District of Georgia, filed October 20, 2020 as Document 69. The motion states that pretrial motions are due October 21, 2020 and asks for an additional 60 days, making motions due December 21, 2020, with the pretrial conference moved to December 22, 2020. It 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 the government is preparing a new set of discovery. The motion states the government has no objection and asks that the time be excluded under 18 U.S.C. § 3161(h)(7)(A). It is filed by 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 
 
 
COMES NOW, Defendant, ANDRE LEE GAINES, by and through 
undersigned counsel and files this motion for extension of time to file motions.  
Pretrial motions are due on October 21, 2020.  A pretrial conference is set for 
October 23, 2020.  Defendant requests that the Court allow him an additional 60 
days to file pretrial motions.  This would make motions due on December 21, 2020. 
Defendant further requests that the pretrial conference be scheduled on December 
22, 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.  
 
2) 
The Government informed counsel this week that it is preparing a 
new set of discovery that it intends to turn over shortly.  Because defense counsel 
will need time to review this new discovery prior to filing motions, it makes sense 
to continue the current motions deadline. 
Case 1:20-cr-00296-JPB-CMS     Document 69     Filed 10/20/20     Page 1 of 3

2 
 
 
3) 
Counsel for the Government, Assistant United States Attorney 
Nathan Kitchens, 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 October, 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 69     Filed 10/20/20     Page 2 of 3

CERTIFICATE OF SERVICE 
 
I hereby certify that on October 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 Attorney 
 
 
 
 
600 Richard B. Russell Building 
 
 
 
 
75 Ted Turner Drive S.W. 
 
 
 
Atlanta, GA 30303 
 
 
 
 
 
 
 
 
 
 
 
Dated:  This 20th day of October, 2020. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
s/BRIAN MENDELSOHN, Esq. 
 
  
 
 
 
 
 
ATTORNEY FOR ANDRE LEE GAINES 
 
 
 
 
 
STATE BAR NO. 502031 
Case 1:20-cr-00296-JPB-CMS     Document 69     Filed 10/20/20     Page 3 of 3

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