Court filing
Unopposed Motion for Extension of Time to File Perfected Motion to Suppress — USA v. Torjagbo (Dkt. 87, N.D. Ga. No. 1:22-cr-00171)
Filed May 6, 2024 in USA v. Torjagbo; one of 189 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2024-05-06 |
U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 87 · 2024-05-06 · Docket on CourtListener
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
PERFECTED MOTION TO SUPPRESS STATEMENTS
COMES NOW the Defendant, CARL DELANO TORJAGBO, by and through
his undersigned counsel, and moves the Court for a three-day extension of time to file
his perfected motion to suppress statements. In support of this motion, Mr. Torjagbo
states the following.
Pending before the Court is Mr. Torjagbo’s preliminary motion to suppress
statements, doc. 44. An evidentiary hearing on the motion is scheduled for June 5,
2024. The Court has directed Mr. Torjagbo to perfect his preliminary motion to
suppress statements by May 6, 2024. (Doc. 85). Due to the press of undersigned
counsel’s responsibilities on other matters, undersigned counsel requests that the
deadline for filing Mr. Torjagbo’s perfected motion to suppress statements be
extended by three (3) days to May 9, 2024.
Case 1:22-cr-00171-MLB-RDC Document 87 Filed 05/06/24 Page 1 of 4
2
Undersigned counsel has communicated with counsel for the Government,
Russell Phillips, regarding this request for an extension of time. Mr. Phillips has
informed undersigned counsel that he is not opposed to this motion.
Undersigned counsel posits that the time covered by this requested extension of
time would be excludable under the provisions of the Speedy Trial Act, 18 U.S.C. §
3161. 18 U.S.C. § 3161(h)(1)(D) excludes delay resulting from any pretrial motion,
from the filing of the motion through the conclusion of the hearing on, or other prompt
disposition of, such motion. 18 U.S.C. § 3161(h)(1)(D). 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.
Dated: This 6th day May, 2024.
Case 1:22-cr-00171-MLB-RDC Document 87 Filed 05/06/24 Page 2 of 4
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Respectfully submitted,
s/ Kendal D. Silas
KENDAL D. SILAS
State Bar of Georgia No. 645959
Attorney for CARL TOGJAGBO
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 87 Filed 05/06/24 Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Unopposed Motion for Extension of Time to
Perfect Motion to Suppress Statements 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 6th day of May, 2024.
s/ Kendal D. Silas
KENDAL D. SILAS, Esq.
Attorney for CARL TORJAGBO
Case 1:22-cr-00171-MLB-RDC Document 87 Filed 05/06/24 Page 4 of 4File and source
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