Consent Motion to Continue Trial by Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 175, 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. 175 · 2025-02-28 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
)
 
)
v.
)
                                 
)    Case No. 1:22-cr-00171-MLB-RDC
)
CARL DELANO TORJAGBO.
)
)
____________________________
)
CONSENT MOTION TO CONTINUE TRIAL
COMES NOW the Defendant, CARL DELANO TORJAGBO, by and
through counsel, and moves to continue his jury trial currently scheduled to begin
on April 28, 2025. The government consents and agrees to this motion to continue
trial. In support of this motion, Mr. Torjagbo shows as follows:
1.
Mr. Torjagbo is charged by superseding indictment with one count of bank
fraud in violation of 18 U.S.C. §§ 1344 and 2, one count of aggravated identity
theft in violation of 18 U.S.C. §§ 1028A and 2, three counts of concealment
money laundering in violation of 18 U.S.C. §§ 1956(a)(1)(B)(I) and 2, three
counts of transactional money laundering in violation of 18 U.S.C. §§ 1957 and 2,
and two counts of wire fraud in violation of 18 U.S.C. §§ 1343 and 2. (Doc. 110). 
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2.
This case is currently set for trial to begin on April 28, 2025, and a pre-trial
order set hearing dates and deadlines, some of which were met by prior counsel
and some of which have passed. (Doc. 138).
3. 
On February 12, 2025, this Honorable Court granted Mr. Torjagbo’s motion
to replace prior counsel, Kendal Silas and Vidhi Joshi of the Federal Defender
Program, Inc. The case was remanded to the magistrate judge for appointment of
new counsel. (Doc. 169). On Monday, February 24, 2025, Magistrate Judge
Cannon appointed the undersigned counsel to represent Mr. Torjagbo. (Doc. 170).
Newly appointed counsel began working on Mr. Torjagbo’s case on February 26,
2025.  
4.
New counsel is in the process of obtaining the case file from prior counsel,
Kendal Silas of the Federal Defender Program, Inc. Today, February 28, 2025,
counsel for the government reported that a paralegal in office of the United States
Attorney is compiling a “clean” copy of the Rule 16 discovery materials for new
counsel. However, due to computer software issues, discovery productions in
other cases are ahead of the one in this case. Thus, the Rule 16 discovery materials
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may not be ready for pick-up by new counsel until Tuesday or Wednesday of next
week. 
5.
Mr. Torjagbo requests and requires additional time to prepare for trial.
Specifically, new counsel must obtain and review the case file and the Rule 16
discovery materials. New counsel must research potential issues and defenses,
as well as research potential sentencing issues and potential issues under the
Sentencing Guidelines. New counsel must consider, consult, retain and provide
Rule 16 notice regarding any potential experts. New counsel must locate and
interview witnesses. (The indictment references at least 493 potential witnesses.)
New counsel may need to seek authorization and funding to travel to investigate
and interview potential defense witnesses. New counsel must consider and draft
motions in limine, jury instructions, verdict form and other trial documents. New
counsel must also prepare trial exhibits and exhibit lists once his review and
investigation are complete.
6. 
Additionally, new counsel requests and requires additional time to meet
with and develop a relationship with his client. A positive attorney-client
relationship can greatly assist in the making of well-informed and well-reasoned
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decisions by a person charged with crimes in federal court. A good attorney-client
relationship can lead to good decisions which conserve the resources and time of
the Court. Furthermore, additional time will allow the parties to meet, confer and
seek a resolution of this case.    
7.
The Defendant recognizes and agrees that the continuance requested
pursuant to this request serves the best ends of Justice, is in the interest of the
Defendant and the public, and is excluded under the Speedy Trial Act, Title 18
U.S.C. § 3161(h). 
WHEREBY, CARL DELANO TORJAGBO requests that, 
A) his jury trial be continued for 60 days or to a later date convenient to the
Court and the parties; 
B) the pretrial order hearing dates and deadlines contained in Document 138
be reset and extended consistent with the new trial date; 
C) both parties be allowed to file or supplement motions in limine and
responses or replies thereto, consistent with a new pre-trial order, prior to the 
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Court’s ruling on such motions in limine.     
Dated:  This 28th day of February, 2025.
Respectfully submitted,
 
s/ L. Burton Finlayson 
L. BURTON FINLAYSON
Attorney for CARL DELANO TORJAGBO 
Georgia Bar Number: 261460
LAW OFFICE OF
L. BURTON FINLAYSON, LLC 
685 Linwood Avenue, NE, Suite 200A
Atlanta, Georgia 30306
(404) 872-0560
lbfcourts@aol.com
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CERTIFICATE OF SERVICE
This is to certify that I have this day electronically filed the Motion to
Continue Trial with the Clerk of Court using the CM/ECF system which will
automatically send email notifications of such filing upon all counsel of record
including the following:
 
      Ms. Kelly Connors 
     Assistant United States Attorney
     600 U.S. Courthouse
     75 Ted Turner Drive, S. W.
     Atlanta, Georgia  30303
DATED:  This 28th day of February, 2025.
 s/ L. Burton Finlayson 
L. BURTON FINLAYSON
ATTORNEY FOR CARL DELANO TORJAGBO   
State Bar Number: 261460   
  
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