Court filing
Motion to Appear Remotely at Plea Hearing — United States v. Sutton et al. (Dkt. 213, S.D. W. Va.)
Filed May 28, 2025 in United States v. Sutton et al.; one of 20 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of West Virginia |
|---|---|
| Filed | 2025-05-28 |
U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 213 · 2025-05-28 · Docket on CourtListener
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION UNITED STATES OF AMERICA, Plaintiff, v. Criminal Action No. 2:24-cr-00192-06 Judge Irene C. Berger DAMISHA BROWN, Defendant. MOTION TO APPEAR REMOTELY AT PLEA HEARING OR, IN THE ALTERNATIVE, MOTION TO CONTINUE PLEA HEARING Defendant Damisha Brown, by counsel, submits the following Motion to Appear Remotely at Plea Hearing or, in the Alternative, Motion to Continue Plea Hearing. In support of this Motion, Ms. Brown states as follows: 1. On May 27, 2025, the Court entered an Order granting the Government’s Motion to Schedule Guilty Plea Hearing and scheduled the plea hearing for Thursday, May 29, 2025, at 9:00 a.m. The Court further ordered that Ms. Brown appear for this hearing as a condition of her bond. See Order, ECF No. 208. 2. Ms. Brown lives in the City of Orange, New Jersey with her 12-year-old son and 5-year-old daughter. Ms. Brown is also employed full-time at a group home for adults with disabilities. 3. Ms. Brown does not currently have transportation to travel from the City of Orange, New Jersey to Charleston, West Virginia (approximately 8 ½ hours) and is scheduled to work from 7:00 a.m. to 5:00 p.m. on May 29, 2025. Ms. Brown is also unable to arrange childcare on such short notice. Case 2:24-cr-00192 Document 213 Filed 05/28/25 Page 1 of 4 PageID #: 1159 4. Ms. Brown submits that she would be able to appear remotely on May 29, 2025. Should the Court permit Ms. Brown to appear remotely, Ms. Brown requests that the plea hearing be continued until 11:00 a.m. or later to allow her to appear remotely during a scheduled break to minimize disruption of her work schedule. Ms. Brown also submits that she would be willing to appear remotely from the United States Probation Office for the District of New Jersey, Paterson Office, or the United States District Court for the District of New Jersey, Newark Division, if such appearance could be arranged. The Paterson Office is approximately 20 minutes from Ms. Brown’s place of work and the Newark Division is approximately 35 minutes from Ms. Brown’s place of work. 5. Should the Court not permit Ms. Brown to appear remotely, Ms. Brown requests that the Court continue the plea hearing until on or after June 5, 2025. Ms. Brown submits that this additional time is necessary to make travel arrangements, secure childcare, and request leave from work. 6. Prior to making this Motion, the undersigned conferred with Assistant United States Attorney Jonathan Storage on May 27, 2025, who advised that the Government has no objection to Ms. Brown appearing remotely at, or a continuance of, the plea hearing. WHEREFORE, Ms. Brown requests that the Court grant this Motion and enter an Order permitting Ms. Brown to appear remotely at the plea hearing on May 29, 2025. Should the Court permit Ms. Brown to appear remotely, Ms. Brown requests that the plea hearing be continued until 11:00 a.m. or later. In the alternative, Ms. Brown requests that the Court enter an Order continuing the plea hearing until on or after June 5, 2025. Case 2:24-cr-00192 Document 213 Filed 05/28/25 Page 2 of 4 PageID #: 1160 DAMISHA BROWN By Counsel /s/ Clayton T. Harkins Clayton T. Harkins (WVSB# 13409) Dinsmore & Shohl LLP 707 Virginia Street East, Suite 1300 Charleston, WV 25301 Phone: (304) 357-0900 Fax: (304) 357-0919 clayton.harkins@dinsmore.com Case 2:24-cr-00192 Document 213 Filed 05/28/25 Page 3 of 4 PageID #: 1161 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION UNITED STATES OF AMERICA, Plaintiff, v. Criminal Action No. 2:24-cr-00192-06 Judge Irene C. Berger DAMISHA BROWN, Defendant. CERTIFICATE OF SERVICE I, Clayton T. Harkins, do hereby certify that the foregoing Motion to Appear Remotely at Plea Hearing or, in the Alternative, Motion to Continue Plea Hearing was served upon all parties via the CM/ECF Court System on May 28, 2025: Jonathan Storage United States Attorney’s Office 300 Virginia Street East, Suite 4000 Charleston, West Virginia 25301 Counsel for the United States of America /s/ Clayton T. Harkins Clayton T. Harkins (WVSB# 13409) Case 2:24-cr-00192 Document 213 Filed 05/28/25 Page 4 of 4 PageID #: 1162
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