Fourth Motion for Extension of Time Unopposed Motion — USA v. Thomas et al. (Dkt. 90, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 90 · 2021-02-18 · Docket on CourtListener

Full text

- 3 - 
 
 
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. 
) 
  
) 
 
 
FOURTH 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, Defendant and his counsel recently received 
additional discovery from the government, and they are still reviewing the additional 
discovery. The Defendant is awaiting additional discovery to be produced to the 
government. Defendant and his counsel respectfully request that they be given additional 
Thirty (30) days within which to review this discovery and to file pretrial motions in this 
Case 1:20-cr-00296-JPB-CMS     Document 90     Filed 02/18/21     Page 1 of 6

- 3 - 
 
 
case, to and including March 26, 2021. 
Defendant by and through counsel previously filed for extension from this court on           
December 17, 2021 and the court granted it and set a deadline for February 22, 2021 for 
filing of motions and February 24, 2021 at 10:30am 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 
Case 1:20-cr-00296-JPB-CMS     Document 90     Filed 02/18/21     Page 2 of 6

- 3 - 
 
 
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 
and including March 26, 2021.   
Dated this 18TH day of February, 2021. 
 
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 90     Filed 02/18/21     Page 3 of 6

- 4 - 
 
 
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 18TH day of February, 2021. 
 
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 90     Filed 02/18/21     Page 4 of 6

- 5 - 
 
 
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 90     Filed 02/18/21     Page 5 of 6

- 5 - 
 
 
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 March           , 2021 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 February, 2021.  
 
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 90     Filed 02/18/21     Page 6 of 6

File and source

File

gov.uscourts.gand.279866.90.0.pdf

Size

79,306 bytes

SHA-256

fd45d9f1e4ffe169363266bfe0e708ee7c58ce45e2da384388567eafafb06b71

Our copy

gov.uscourts.gand.279866.90.0.pdf

Original

PACER (login required)