Second Motion for Extension of Time to File Post-Hearing Brief by Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 107, N.D. Ga. No. 1:22-cr-00171)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 107 · 2024-08-12 · 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 
 
) 
    
 
) 
 
 
vs. 
 
 
    
 
) 
CRIMINAL ACTION 
 
)    NO. 1:22-CR-171-MLB-RDC 
CARL TORJAGBO 
 
 
 
) 
 
 
 
          
 
 
)  
 
 
SECOND MOTION FOR EXTENSION OF 
TIME TO FILE POST-HEARING BRIEF 
 
COMES NOW the Defendant, CARL TORJAGBO, by and through his 
undersigned counsel, and moves the Court for a one-day extension of time to file his 
post-hearing brief in support of his motion and amended motion to suppress 
statements, docs. 44 & 88.  In support of this motion, Mr. Torjagbo states the 
following.  
Pending before the Court are Mr. Torjagbo’s motion and amended motion to 
suppress statements, docs. 44 & 88.  The Court conducted an evidentiary hearing on 
those motions on June 5, 2024.  Mr. Torjagbo’s post-hearing brief is due to be filed 
by August 5, 2024.  Due to the press of undersigned counsel’s responsibilities on 
other matters, Mr. Torjagbo requests an extension of one (1) day to file his post-
hearing brief.  Undersigned counsel also requests that the deadlines for filing the 
Case 1:22-cr-00171-MLB-RDC     Document 107     Filed 08/12/24     Page 1 of 4

 
 
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Government’s responsive brief and Mr. Torjagbo’s reply brief be re-set 
commensurately.  
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. 
 
 
Case 1:22-cr-00171-MLB-RDC     Document 107     Filed 08/12/24     Page 2 of 4

 
 
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Dated: This 12th day August, 2024. 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
s/ Kendal D. Silas                 
 
 
 
 
 
 
 
KENDAL D. SILAS 
 
State Bar of Georgia No. 645959 
 
Attorney for CARL 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 107     Filed 08/12/24     Page 3 of 4

 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that the foregoing Motion for Extension of Time to File Post-
Hearing Brief 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: 
 
John 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 12th day of August, 2024. 
 
 
s/ Kendal D. Silas                           
 
 
 
 
 
 
 
KENDAL D. SILAS, Esq. 
Attorney for CARL TORJAGBO 
Case 1:22-cr-00171-MLB-RDC     Document 107     Filed 08/12/24     Page 4 of 4

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