Court filing
Unopposed MOTION for Extension of Time to File Pretrial Motions and to Continue Pretrial… — USA v. Torjagbo (Dkt. 72)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2023-11-03 |
U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 72 · 2023-11-03 · Docket on CourtListener
Summary
An unopposed motion for a 30-day extension of time to file pretrial motions and to continue the pretrial conference, filed November 3, 2023 as Document 72 in United States of America v. Carl Delano Torjagbo, No. 1:22-CR-171-MLB-RDC, in the U.S. District Court for the Northern District of Georgia. The motion states that the defendant is charged in a seven-count indictment charging bank fraud under 18 U.S.C. §§ 1344 and 2, concealment money laundering, and transactional money laundering under 18 U.S.C. §§ 1957 and 2. It recounts that the Federal Defender Program was re-appointed in October 2023 and that counsel needs more time to review voluminous discovery, conduct legal research and consult with the defendant. It states that counsel for the Government does not oppose the motion and that the delay is excludable under the Speedy Trial Act, 18 U.S.C. § 3161. The filing is four pages.
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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 thirty (30) additional days to file
pretrial motions. Mr. Torjagbo also requests that the pretrial conference, which is
scheduled for November 8, 2023, be continued. In support of this motion, Mr.
Torjagbo states the following.
Mr. Torjagbo is charged in a seven-count indictment. (Doc. 1). Count One
charges bank fraud in violation of 18 U.S.C. §§ 1344 and 2. (Doc. 1). Counts Two
through Four charge concealment money laundering in violation of 18 U.S.C.
1956(a)(1)(B)(i) and 2. (Doc. 1). Counts Five through Seven charge transactional
money laundering in violation of 18 U.S.C. §§ 1957 and 2. (Doc. 1).
Mr. Torjagbo made his initial appearance and was arraigned on May 12, 2022.
(Doc. 9). The Federal Defender Program was appointed to represent Mr. Torjagbo.
Case 1:22-cr-00171-MLB-RDC Document 72 Filed 11/03/23 Page 1 of 4
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(Doc. 9). However, Mr. Torjagbo retained private counsel prior to the filing of
pretrial motions. (Docs. 23, 24). On October 2, 2023, Mr. Torjagbo filed a motion
to dismiss private counsel and replace with court-appointed counsel. (Doc. 65). On
October 17, the District Court granted Mr. Torjagbo’s motion, and on October 19, the
Federal Defender Program was re-appointed to represent Mr. Torjagbo. (Docs. 68,
70). Pretrial motions are currently due to be filed by November 3, 2023, and a
pretrial conference is scheduled for November 8.
Undersigned counsel needs additional time to review the discovery materials
produced thus far by the Government, which are voluminous. Undersigned counsel
also needs the additional time to conduct necessary legal research, consult with Mr.
Torjagbo, and prepare the appropriate pretrial motions on Mr. Torjagbo’s behalf.
Undersigned counsel has communicated with counsel for the Government,
Russell Phillips, regarding this motion. Mr. Phillips has informed undersigned
counsel that he does not oppose 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. Subsection 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
Case 1:22-cr-00171-MLB-RDC Document 72 Filed 11/03/23 Page 2 of 4
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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.
Dated: This 3rd day of November, 2023.
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 72 Filed 11/03/23 Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Unopposed 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 3rd day of November, 2023.
s/ Kendal D. Silas
KENDAL D. SILAS, Esq.
Attorney for CARL DELANO TORJAGBO
Case 1:22-cr-00171-MLB-RDC Document 72 Filed 11/03/23 Page 4 of 4File and source
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