Court filing
Motion for Extension of Time to File Response/Reply as to 44 Motion to Suppress — USA v. Torjagbo (Dkt. 114, N.D. Ga. No. 1:22-cr-00171)
Filed September 25, 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 | 2024-09-25 |
U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 114 · 2024-09-25 · 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 TORJAGBO
)
)
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE POST-HEARING REPLY BRIEF
COMES NOW the Defendant, CARL TORJAGBO, by and through his
undersigned counsel, and moves the Court for a seven-day extension of time to file
his post-hearing reply 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 reply brief is due to be
filed by September 26, 202. 1 Due to the press of undersigned counsel’s
1 See Doc. 106 (setting a deadline of September 25, 2024 for the reply brief) and
docket order of August 13, 2024 (extending the briefing deadline by one additional
day.
Case 1:22-cr-00171-MLB-RDC Document 114 Filed 09/25/24 Page 1 of 4
2
responsibilities on other matters, Mr. Torjagbo requests an extension of seven (7) days
to file his post-hearing reply brief.
Undersigned counsel has communicated with counsel for the Government,
John 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.
Case 1:22-cr-00171-MLB-RDC Document 114 Filed 09/25/24 Page 2 of 4
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Dated: This 25th day September, 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 114 Filed 09/25/24 Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Unopposed Motion for Extension of Time to
File Post-Hearing Reply 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 25th day of September, 2024.
s/ Kendal D. Silas
KENDAL D. SILAS, Esq.
Attorney for CARL TORJAGBO
Case 1:22-cr-00171-MLB-RDC Document 114 Filed 09/25/24 Page 4 of 4File and source
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