MOTION for Extension of Time to File Post-Hearing Reply Brief by Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 121)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 121 · 2024-10-17 · Docket on CourtListener

Summary

A defense 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 October 17, 2024 as Document 121. The defendant asks for a seven-day extension to file his reply brief supporting his motion and amended motion to suppress statements, docs. 44 & 88. The motion states that the Court held an evidentiary hearing on those motions on June 5, 2024 and that the brief was due October 17, 2024, and cites counsel's responsibilities on other matters. It argues the extension time would be excludable under the Speedy Trial Act, 18 U.S.C. § 3161, citing 18 U.S.C. § 3161(h)(1)(D). The three-page filing is signed by Kendal D. Silas of the Federal Defender Program, Inc. and includes 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 
 
 
 
) 
 
 
 
          
 
 
)  
 
 
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 17, 2024.  Due to the press of undersigned counsel’s responsibilities 
on other matters, undersigned counsel requests an additional seven (7) days to file his 
reply brief in support of his motion and amended motion to suppress statements.   
Case 1:22-cr-00171-MLB-RDC     Document 121     Filed 10/17/24     Page 1 of 3

 
 
2 
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 17th 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 121     Filed 10/17/24     Page 2 of 3

 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that the foregoing 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 17th day of October, 2024. 
 
 
s/ Kendal D. Silas                           
 
 
 
 
 
 
 
KENDAL D. SILAS, Esq. 
Attorney for CARL TORJAGBO 
Case 1:22-cr-00171-MLB-RDC     Document 121     Filed 10/17/24     Page 3 of 3

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