Court filing
Unopposed MOTION for Extension of Time to File Pretrial Motions and to Continue Pretrial… — USA v. Torjagbo (Dkt. 18)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2022-05-25 |
U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 18 · 2022-05-25 · Docket on CourtListener
Summary
An unopposed defense motion filed May 25, 2022 as Doc. 18 in United States v. Carl Delano Torjagbo, No. 1:22-cr-00171-MLB-RDC, in the U.S. District Court for the Northern District of Georgia. The defendant asks for sixty (60) additional days to file pretrial motions and for the pretrial conference scheduled for May 26, 2022 to be continued. The motion states that the seven-count indictment charges bank fraud under 18 U.S.C. §§ 1344 and 2 and money laundering counts under 18 U.S.C. §§ 1957 and 2 and section 1956(a)(1)(B)(i), and that the discovery produced so far is voluminous. It reports that government counsel does not object and argues the delay is excludable under the Speedy Trial Act, 18 U.S.C. § 3161. The four-page filing is signed by counsel from the Federal Defender Program, Inc. and includes a certificate of service.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
)
)
vs.
)
CRIMINAL ACTION
) NO. 1:22-CR-171-MLB-RDC
CARL DELANO TORJAGBO
)
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE PRETRIAL
MOTIONS AND TO CONTINUE PRETRIAL CONFERENCE
COMES NOW the Defendant, CARL DELANO TORJAGBO, by and through
his undersigned counsel, and moves the Court for sixty (60) additional days to file
pre-trial motions. Mr. Torjagbo also requests that the pretrial conference, which is
scheduled for May 26, 2022, be continued. In support of this motion, Mr. Torjagbo
states the following.
Mr. Torjagbo is charged in a seven-count indictment. Count One charges
bank fraud in violation of 18 U.S.C. §§ 1344 and 2. Counts Two through Four charge
Concealment Money Laundering in violation of 18 U.S.C. 1956(a)(1)(B)(i) and 2.
Count Five through Seven charge transactional money laundering in violation of 18
U.S.C. §§ 1957 and 2.
Mr. Torjagbo made his initial appearance and was arraigned on May 12, 2022.
Thus, his pretrial motions are due to be filed by May 26, 2022. The discovery
Case 1:22-cr-00171-MLB-RDC Document 18 Filed 05/25/22 Page 1 of 4
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materials produced thus far by the Government are voluminous. Undersigned
counsel has not yet been able to complete a review of the discovery materials, consult
with Mr. Torjagbo, and prepare pretrial motions. Given the volume and nature of
the discovery materials and the press of undersigned counsel’s responsibilities on
other matters, Mr. Torjagbo requests an extension of sixty (60) days to complete a
review of the discovery materials and to file pretrial motions. Mr. Torjagbo further
requests that the pretrial conference be continued until a date after the extended
pretrial motions filing deadline.
Undersigned counsel has spoken with counsel for the Government, Russell
Phillips, regarding this motion for an extension of time to file pretrial motions. Mr.
Phillips has informed undersigned that he does not object to this motion.
Undersigned counsel posits that the time associated with this requested
extension of time and continuance is excludable under the provisions of the Speedy
Trial Act, 18 U.S.C. § 3161. Subsections 3161(h)(7)(A) and (h)(7)(B)(iv) authorize
exclusion of delay based upon a finding that the ends of justice outweigh the best
interests of the public and the defendant in a speedy trial, such as where the delay
provides reasonable time necessary for effective preparation by counsel, taking into
account the exercise of due diligence. See 18 U.S.C. §§ 3161(h)(7)(A) & (h)(7)(B)(iv).
WHEREFORE, Mr. Torjagbo respectfully requests that this motion be granted.
Case 1:22-cr-00171-MLB-RDC Document 18 Filed 05/25/22 Page 2 of 4
3
Dated: This 25th day of May, 2022.
Respectfully submitted,
s/ Kendal D. Silas
KENDAL D. SILAS
State Bar of Georgia No. 645959
Attorney for
CARL DELANO TORJAGBO
Federal Defender Program, Inc.
Suite 1500, Centennial Tower
101 Marietta Street, N.W.
Atlanta, GA 30303; 404/688-7530
Case 1:22-cr-00171-MLB-RDC Document 18 Filed 05/25/22 Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion for Extension of Time to File Pretrial
Motions and to Continue Pretrial Conference was electronically filed this day with the
Clerk of Court using the CM/ECF system, which will automatically send email
notification of such filing to the following:
Russell Phillips, Esq.
Assistant United States Attorney
Northern District of Georgia
Federal Courthouse, Ste. 600
75 Ted Turner Drive, S.W.
Atlanta, GA 30303
Dated: This 25th day of May, 2022.
s/ Kendal D. Silas
KENDAL D. SILAS, Esq.
Attorney for
CARL DELANO TORJAGBO
Case 1:22-cr-00171-MLB-RDC Document 18 Filed 05/25/22 Page 4 of 4File and source
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