Consent MOTION to Exclude Time pursuant to 18:3161 (h)(7)(A) by USA as to Darrell… — USA v. Thomas et al (Dkt. 132)

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A Consent Motion to Toll Speedy Trial Time, Document 132 filed 06/25/21 in United States of America v. Carla Jackson, Criminal Action No. 1:20-cr-296-JPB-AJB, in the Northern District of Georgia. The United States says a federal grand jury returned an indictment on August 4, 2020 charging Defendant Carla Jackson with two counts of money laundering, and that Defendant Green entered a guilty plea on September 1, 2020, Defendant Benoit on March 11, 2021, and Defendants Thomas and Gaines have since entered guilty pleas. It asks that the time between the filing of the motion and the date Defendant Jackson notifies the Court of an intention to enter a guilty plea or to proceed to trial be excluded from speedy trial calculations. The motion states that David Marshall, counsel for Defendant Jackson, consented to the relief sought.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA 
v. 
CARLA JACKSON 
 
Criminal Action 
No. 1:20-cr-296-JPB-AJB 
 
CONSENT MOTION TO TOLL SPEEDY TRIAL TIME 
 
 
The United States of America, by Kurt R. Erskine, Acting United States 
Attorney for the Northern District of Georgia, and Tal C. Chaiken and Nathan P. 
Kitchens, Assistant United States Attorneys for the Northern District of Georgia, 
respectfully files this motion to toll the speedy trial time.  In support of this 
Motion, the United States shows as follows: 
1. On August 4, 2020, a federal grand jury sitting in the Northern District 
of Georgia returned an indictment charging Defendant Carla Jackson with two 
counts of money laundering in violation Title 18, United States Code, Section 
1956(a)(1)(B)(i) and Section 2.  (DE 1, Counts 27-28.)  The indictment also 
included charges against four co-defendants: Darrell Thomas, Andre Lee Gaines, 
Bern Benoit, and Kahlil Gibran Green, Sr.  (DE 1.)   
2. Defendant Green entered a guilty plea on September 1, 2020 and 
Defendant Benoit entered a guilty plea on March 11, 2021.  On May 7, 2021, the 
Court certified the case against Defendant Jackson ready for trial.  On May 10, 
2021 and May 21, 2021, the Court certified ready for trial the cases against 
Defendants Darrell Thomas and Andre Lee Gaines, respectively.  Defendants 
Thomas and Gaines have since entered guilty pleas.   
Case 1:20-cr-00296-JPB-CMS     Document 132     Filed 06/25/21     Page 1 of 3

3. Defendant Jackson has not determined whether she will enter a guilty 
plea or proceed to trial and the Parties wish to engage in continued discussions 
to aid in that determination.   
4. For these reasons, the time between the filing of this Motion and the 
date on which Defendant Jackson notifies the Court of her intention to enter a 
guilty plea or to proceed to trial should be excluded from speedy trial 
calculations.  Under 18 U.S.C. § 3161(h)(7)(A), the ends of justice served by 
excluding this period outweigh the best interest of the public and the defendant 
in a speedy trial. 
5. Counsel for the United States have conferred with David Marshall, 
counsel for Defendant Jackson, who stated that Defendant Jackson consents to 
the relief sought in this Motion.   
WHEREFORE, the United States respectfully requests that the Court Grant 
the Motion and exclude from the speedy trial calculation the time from the date 
of the filing of this Motion to the date that Defendant Jackson notifies the Court 
of her intention to enter a guilty plea or to proceed to trial.   
 
 
KURT R. ERSKINE 
Acting United States Attorney 
 
TAL C. CHAIKEN 
Assistant United States Attorney 
Georgia Bar No. 273949 
Tal.Chaiken@usdoj.gov 
NATHAN P. KITCHENS 
Assistant United States Attorney 
Georgia Bar No. 263930 
Nathan.Kitchens@usdoj.gov 
Case 1:20-cr-00296-JPB-CMS     Document 132     Filed 06/25/21     Page 2 of 3

 
Certificate of Service 
 
The United States Attorney’s Office served this document today by filing it 
using the Court’s CM/ECF system, which automatically notifies the parties and 
counsel of record. 
 
David D. Marshall, Esq. 
 
June 25, 2021 
 
/s/ NATHAN P. KITCHENS 
 
NATHAN P. KITCHENS 
 
Assistant United States Attorney 
 
Case 1:20-cr-00296-JPB-CMS     Document 132     Filed 06/25/21     Page 3 of 3

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