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)

Summary

Document 87, filed 05/06/24 in Criminal Action No. 1:22-CR-171-MLB-RDC in the United States District Court for the Northern District of Georgia, Atlanta Division, is an Unopposed Motion for Extension of Time to File Perfected Motion to Suppress Statements by defendant Carl Delano Torjagbo. Through counsel Kendal D. Silas, he asks for a three-day extension, to May 9, 2024, of the deadline to perfect his preliminary motion to suppress statements (doc. 44), which the Court had directed him to perfect by May 6, 2024 (Doc. 85). An evidentiary hearing on the motion is scheduled for June 5, 2024. The motion cites the press of counsel's other responsibilities, says AUSA Russell Phillips is not opposed, and argues the time is excludable under the Speedy Trial Act.

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

Filed May 6, 2024 in USA v. Torjagbo; one of 297 filings from this case.

Record facts

Court	U.S. District Court for the Northern District of Georgia
Filed	2024-05-06

Cite this document

“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).” U.S. District Court for the Northern District of Georgia, No. 1:22-cr-00171-MLB-RDC, Doc. 87, filed 2024-05-06. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-carl-delano-torjagbo-gand-303267/2024-05-06-gov-uscourts-gand-303267-87-0-doc-87/, SHA-256 c4b8928bb4df99d886481bcd506d27422238c50f48957d9b07aa6bb60cf529cd.

Search CourtListener for this docket number

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

 
 
3 
 
 
 
 
 
 
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 4

File and source

File: gov.uscourts.gand.303267.87.0.pdf
Size: 152,986 bytes
SHA-256: c4b8928bb4df99d886481bcd506d27422238c50f48957d9b07aa6bb60cf529cd
Our copy: gov.uscourts.gand.303267.87.0.pdf
Original: PACER (login required)