Unopposed MOTION for Extension of Time to File Pretrial Motions by Andre Lee Gaines — USA v. Thomas et al (Dkt. 78)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 78 · 2020-12-17 · Docket on CourtListener

Summary

An unopposed Motion for Extension of Time to File Motions filed December 17, 2020 by defendant Andre Lee Gaines 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, as Doc. 78. The motion asks for an additional 30 days to file pretrial motions, moving the deadline from December 21, 2020 to January 20, 2021, and asks that the pretrial conference set for December 22, 2020 be rescheduled. It states that the government has indicated it has 23 gigabytes of discovery not yet received by the defense, and that Assistant United States Attorney Nathan Kitchens has no objection. It asks that the period be excluded from the speedy trial clock under 18 U.S.C. § 3161(h)(7)(A). The three-page filing is signed by Brian Mendelsohn of the Federal Defender Program and ends with a certificate of service.

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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 December 21, 2020.  A pretrial conference is set for 
December 22, 2020.  Defendant requests that the Court allow him an additional 30 
days to file pretrial motions.  This would make motions due on January 20, 2021. 
Defendant further requests that the pretrial conference be scheduled after January 
20, 2021.  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 has indicated that it has 23 gigabytes of discovery to 
provide to defense counsel.  Defendant has provided a hard drive, but has not yet 
received the new discovery. Because defense counsel will need time to review this 
Case 1:20-cr-00296-JPB-CMS     Document 78     Filed 12/17/20     Page 1 of 3

2 
new discovery prior to filing motions, it makes sense to continue the current 
motions deadline. 
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 30 days to file motions. 
Dated:  This 17th day of December, 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 78     Filed 12/17/20     Page 2 of 3

CERTIFICATE OF SERVICE 
I hereby certify that on December 17, 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 17th day of December, 2020. 
s/BRIAN MENDELSOHN, Esq. 
ATTORNEY FOR ANDRE LEE GAINES 
STATE BAR NO. 502031 
Case 1:20-cr-00296-JPB-CMS     Document 78     Filed 12/17/20     Page 3 of 3

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