Second Motion for Extension of Time Unopposed Motion — USA v. Thomas et al. (Dkt. 70, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 70 · 2020-10-20 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA, 
) 
) 
Plaintiff, 
) 
) 
vs. 
) 
CASE NO.: 1:20-CR-00296-JPB-AJB 
) 
BERN BENOIT, 
) 
) 
Defendant. 
) 
  
) 
 
 
UNOPPOSED MOTION FOR EXTENSION OF TIME WITHIN WHICH TO 
FILE PRETRIAL MOTIONS BRIEF IN SUPPORT THEREOF 
 
Defendant, (BERN BENOIT), by and through his undersigned counsel (ANTHONY 
O. EGBASE), hereby moves this Court for an order granting additional time to file pretrial 
motions in this case. In support of this Motion, counsel avers as follows: 
1. 
 
 
The government action alleges conspiracy between multiple defendants that reside 
in multiple jurisdictions. At this time, discovery is ongoing and additional discovery is 
expected from the government by the Defendant.   Defendant and his counsel respectfully 
request that they be given additional sixty (60) days within which to review this discovery 
and to file pretrial motions in this case, to and including December 21, 2020. 
Defendant by and through counsel previously filed for extension from this court on           
August 24, 2020 and the court granted it and set a deadline for October 21, 2020 for filing 
Case 1:20-cr-00296-JPB-CMS     Document 70     Filed 10/20/20     Page 1 of 6

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of motions and October  23, 2020 at 10:00am for scheduling pretrial Conference.  
2. 
 
The government has advised undersigned counsel that it does not oppose the granting 
of this motion.  
 
3. 
 
Under 18 U.S.C. Section 3161(h)(7)(A) and (B), the period of delay caused by the 
grating of this motion is excluded in the computation of the time within which the trial in 
the instant case must commerce. That is, this period of delay is a result of the request of 
Defendant’s counsel and the ends of justice served by the granting of this motion outweigh 
the best interest of the public and Defendant in a speedy trial in that the failure to grant 
such continuances would result in a miscarriage of justice; would dent Defendant’s counsel 
time for adequate preparation for pretrial proceedings and would deny Defendant the 
“reasonable time necessary for effective preparation, taking into account the exercise of 
due diligence .” 18 U.S.C. Section 3161(h)(7)(A) and (B).  
 4 
 
Undersigned counsel state herein that Defendant has expressly authorized the filing 
of this motion for an extension of time within which to file pretrial motions and to continue 
the pretrial conference and waives any speedy trial time restraints.  
 
WHEREFORE defendant (BERN BENOIT) and his counsel hereby request that 
this court grants Defendant, Bern Benoit additional 60 days to file his pretrial motion, to 
Case 1:20-cr-00296-JPB-CMS     Document 70     Filed 10/20/20     Page 2 of 6

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and including December 21, 2020.   
Dated this 19TH day of October, 2020. 
 
Respectfully submitted, 
 
s/ Anthony O. Egbase 
 
ANTHONY O. EGBASE 
California Bar No. 181721 
Attorney for Defendant Bern Benoit 
 
 
A.O.E LAW & ASSOCIATES, INC 
350 S. Figueroa Street 
Suite 189 
Los Angeles, California 90071 
(213) 620-7070 (Telephone) 
(213) 620-1200 (Facsimile) 
info@aoelaw.om 
C:\AOE\Client\B\Benoit\MotionForAdditionalTime 
Case 1:20-cr-00296-JPB-CMS     Document 70     Filed 10/20/20     Page 3 of 6

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CERTIFICATE OF COMPLIANCE 
 
This is to certify that to the best of my knowledge this document has been prepared 
with one of the font and point selections approved by the Court in LR 5.1B, pursuant to LR 
7. Specifically, the above-mentioned document has been prepared using Times New 
Roman font, 14 point. 
Dated this 19TH day of October, 2020. 
 
s/ Anthony O. Egbase 
 
ANTHONY O. EGBASE 
California Bar No. 181721 
Attorney for Defendant Bern Benoit 
 
A.O.E LAW & ASSOCIATES, INC 
350 S. Figueroa Street 
Suite 189 
Los Angeles, California 90071 
(213) 620-7070 (Telephone) 
(213) 620-1200 (Facsimile) 
info@aoelaw.om 
C:\AOE\Client\B\Benoit\MotionForAdditionalTime 
 
Case 1:20-cr-00296-JPB-CMS     Document 70     Filed 10/20/20     Page 4 of 6

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA, 
) 
) 
Plaintiff, 
) 
) 
vs. 
) 
CASE NO.: 1:20-CR-00296-JPB-AJB 
) 
BERN BENOIT, 
) 
) 
Defendant. 
) 
  
) 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on the above date, I electronically filed this document 
using the CM/ECF system which will automatically send email notification of such filing 
to all attorneys of record. 
Respectfully submitted, 
 
s/ Anthony O. Egbase 
 
ANTHONY O. EGBASE 
California Bar No. 181721 
Attorney for Defendant Bern Benoit 
 
A.O.E LAW & ASSOCIATES, INC 
350 S. Figueroa Street 
Suite 189 
Los Angeles, California 90071 
(213) 620-7070 (Telephone) 
(213) 620-1200 (Facsimile) 
info@aoelaw.om 
C:\AOE\Client\B\Benoit\MotionForAdditionalTime 
 
 
 
 
Case 1:20-cr-00296-JPB-CMS     Document 70     Filed 10/20/20     Page 5 of 6

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA, 
) 
) 
Plaintiff, 
) 
) 
vs. 
) 
CASE NO.: 1:20-CR-00296-JPB-AJB 
) 
BERN BENOIT, 
) 
) 
Defendant. 
) 
  
) 
 
ORDER 
For good cause shown, the Defendant’s Motion for Extension of Time to File pretrial 
Motions is hereby GRANTED, Defendant shall have until                              to file motions. 
The pretrial conference shall be held on December           , 2020 at           .   
The period from the date of this order to the date of the pretrial conference shall be 
excluded from the speedy trial clock because the ends of justice served by the granting this 
extension of the time outweigh the best interest of the public and the defendants in speedy 
trial. 18 U.S.C. Section 3161(h)(7)(A). 
IT IS SO ORDERED 
This        day of October, 2020.  
 
HON. ALAN J. BAVERMAN 
UNITED STATE MAGISTRATE JUDGE 
Proposed Order submitted by: 
Anthony O. Egbase 
Attorney for Bern Benoit 
Case 1:20-cr-00296-JPB-CMS     Document 70     Filed 10/20/20     Page 6 of 6

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