Court filing
MOTION for Extension of Time to File Response/Reply as to 109 Response in Opposition by… — USA v. Torjagbo (Dkt. 120)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2024-10-10 |
U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 120 · 2024-10-10 · Docket on CourtListener
Summary
An unopposed motion for extension of time to file a post-hearing reply brief in United States v. Carl Torjagbo, No. 1:22-cr-00171-MLB-RDC, in the U.S. District Court for the Northern District of Georgia, filed by the defendant on October 10, 2024 as Doc. 120. The motion seeks a seven-day extension for the reply brief supporting the motion and amended motion to suppress statements, docs. 44 & 88, on which the court held an evidentiary hearing on June 5, 2024. It states the reply was due October 3, 2024 and that government counsel John Russell Phillips does not oppose the extension. It argues the added time is excludable under the Speedy Trial Act, citing 18 U.S.C. § 3161(h)(1)(D) and 18 U.S.C. §§ 3161(h)(7)(A) & (h)(7)(B)(iv). The four-page filing is signed by Kendal D. Silas of the Federal Defender Program, Inc. and ends with a certificate of service.
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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 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 October 3, 2024. On September 29, 2024, undersigned counsel experienced
a family medical emergency that required immediate travel out-of-state.
Undersigned counsel returned to work today but needs additional time to prepare the
Case 1:22-cr-00171-MLB-RDC Document 120 Filed 10/10/24 Page 1 of 4
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reply brief in support of Mr. Torjagbo’s motion and amended motion to suppress
statements.
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 120 Filed 10/10/24 Page 2 of 4
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Dated: This 10th day of October, 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 120 Filed 10/10/24 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 10th day of October, 2024.
s/ Kendal D. Silas
KENDAL D. SILAS, Esq.
Attorney for CARL TORJAGBO
Case 1:22-cr-00171-MLB-RDC Document 120 Filed 10/10/24 Page 4 of 4File and source
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