Unopposed Motion for Extension of Time — USA v. Thomas et al. (Dkt. 126, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 126 · 2021-06-14 · 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 TO CONTINUE 
SENTENCING HEARING SCHEDULED FOR JUNE 23, 2021 AT 
1:00 PM EST. 
 
Defendant, (BERN BENOIT), by and through his undersigned counsel (ANTHONY 
O. EGBASE) and the Government, hereby moves this Court to continue the sentencing 
hearing scheduled for June 23, 2021 at 1:00pm EST. In support of this Motion, counsel for 
the Defendant avers as follows: 
1. 
 
The government action alleges conspiracy between multiple defendants that reside 
in multiple jurisdictions.  
2. 
On March 11, 2021, Defendant BERN BENOIT, pled guilty to count seven of the 
Indictment pursuant to Rules 11(c)(1)(A) and (B) of the Fed. R. Crim. P. before the 
Honorable J.P. Boulee. 
Case 1:20-cr-00296-JPB-CMS     Document 126     Filed 06/14/21     Page 1 of 7

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3. 
On May 18, 2021, United States Probation officer, Maria Ridley, sent the Defendant 
Bern Benoit and Counsel the Initial Presentence Report on Defendant.  
4. 
On June 14, 2021, United States Probation officer, Maria Ridley, sent the Defendant 
Bern Benoit and Counsel the Final Presentence Investigation Report on Defendant. 
5. 
Following the Defendant’s entry of guilty plea in this case, counsel for the Defendant 
was unavailable and had to travel out of the country, due to the passing of a family member.  
6. 
Although Defendant and counsel have worked diligently in the Defense of this case, 
Defendant and counsel need additional time to prepare Statement of Witnesses and 
Sentencing Memorandum in this matter. 
        7. 
 
The government has indicated it has no objection in the granting of this Motion.   
   
 8. 
 
Pursuant to the court’s request, Defendant and counsel hereby file this Motion to 
Continue Defendant’s Sentencing hearing scheduled for June 23, 2021 at 1:00pm Eastern 
Time, for an additional 30 days, to and including July 23, 2021.  
 
Case 1:20-cr-00296-JPB-CMS     Document 126     Filed 06/14/21     Page 2 of 7

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Dated this 14TH day of June, 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, CA 90071 
(213) 620-7070 (Telephone) 
(213) 620-1200 (Facsimile) 
info@aoelaw.com 
C:\AOE\Client\Bern Benoit\JointMotionForAdditionalTime 
 
Case 1:20-cr-00296-JPB-CMS     Document 126     Filed 06/14/21     Page 3 of 7

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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 14TH day of June, 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, CA 90071 
(213) 620-7070 (Telephone) 
(213) 620-1200 (Facsimile) 
info@aoelaw.com 
C:\AOE\Client\Bern Benoit\JointMotionForAdditionalTime 
 
  
Case 1:20-cr-00296-JPB-CMS     Document 126     Filed 06/14/21     Page 4 of 7

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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, CA 90071 
(213) 620-7070 (Telephone) 
(213) 620-1200 (Facsimile) 
info@aoelaw.com 
C:\AOE\Client\Bern Benoit\JointMotionForAdditionalTime 
 
 
Case 1:20-cr-00296-JPB-CMS     Document 126     Filed 06/14/21     Page 5 of 7

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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 Unopposed Motion for Extension of Time to 
Continue Sentencing Hearing Scheduled for June 23, 2021 at 1:00pm EST, is hereby 
GRANTED. Defendant shall have until                           to file a sentencing Memorandum. 
The Sentencing hearing shall be held on July           , 2021 at          . 
The period from the date of this order to the date of the sentencing hearing shall be 
excluded from the speedy trial clock because the ends of justice served by granting this 
extension of time outweigh the best interests of the public and the defendants in a speedy 
trial. 18 U.S.C. Section 3161(h)(7)(A). 
IT IS SO ORDERED 
This        day of June 14, 2021.  
 
HON. J.P. BOULEE 
UNITED STATES DISTRICT JUDGE 
Proposed Order submitted by: 
Anthony O. Egbase  
Attorney for Bern Benoit 
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Case 1:20-cr-00296-JPB-CMS     Document 126     Filed 06/14/21     Page 7 of 7

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