Court filing
MOTION to Continue Plea Hearing as to Damisha Brown — United States of America v. Sutton et al (Dkt. 219)
Record facts
| Court | U.S. District Court for the Southern District of West Virginia |
|---|---|
| Filed | 2025-05-30 |
U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 219 · 2025-05-30 · Docket on CourtListener
Summary
A motion to continue plea hearing filed May 30, 2025 as Doc. 219 by defendant Damisha Brown, through counsel, in United States v. Damisha Brown, Criminal Action No. 2:24-cr-00192-06, in the U.S. District Court for the Southern District of West Virginia before Judge Irene C. Berger. It states that the court's May 28, 2025 order (ECF No. 214) continued the plea hearing to June 5, 2025 at 9:00 a.m. and required in-person attendance as a condition of bond. The motion cites travel constraints and compares a $79.00 flight on June 5, 2025 with a $363.00 flight the day before. It asks the court to move the hearing to 3:00 p.m. or later and states that the government has no objection. The three-page filing is signed by Clayton T. Harkins of Dinsmore & Shohl LLP and includes a certificate of service.
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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 CONTINUE PLEA HEARING
Defendant Damisha Brown, by counsel, submits the following Motion to Continue Plea
Hearing. In support of this Motion, Ms. Brown states as follows:
1.
On May 28, 2025, the Court entered an Order granting Ms. Brown’s Motion to
Appear Remotely at Plea Hearing or, in the Alternative, Motion to Continue Plea Hearing and
continued the plea hearing to June 5, 2025, at 9:00 a.m. The Court further ordered Ms. Brown to
appear at this hearing in person as a condition of her bond. See Order, ECF No. 214.
2.
Ms. Brown currently does not have a reliable vehicle to drive from the City of
Orange, New Jersey to Charleston, West Virginia for the plea hearing. Specifically, the brakes on
her vehicle need replaced and she is financially unable to have her vehicle repaired prior to the
plea hearing.
3.
Ms. Brown is working to secure an alternative form of transportation to attend the
plea hearing in person as ordered by the Court. The most affordable and quickest option is a flight
from Newark, New Jersey (EWR) to Charleston, West Virginia (CRW) on June 5, 2025. The flight
is scheduled to depart at 12:09 p.m. and land at 1:49 p.m. The cost of the flight is $79.00.1
1 See Google Flights, https://www.google.com/travel/flights/s/yd5ZmwLdCK9voCHo8 (last visited May 29, 2025).
Case 2:24-cr-00192 Document 219 Filed 05/30/25 Page 1 of 3 PageID #: 1179
4.
By comparison, the cheapest flight from Newark, New Jersey (EWR) to Charleston,
West Virginia (CRW) on June 4, 2025, is $363.00, nearly five times the cost of the flight above.2
Ms. Brown has limited financial resources and is unable to afford to fly in prior to plea hearing.
5.
Accordingly, Ms. Brown requests that the Court continue the plea hearing until 3:00
p.m. or later. Ms. Brown believes that this would allow sufficient time for her to travel from the
airport to the courthouse. This would also allow Ms. Brown to miss the least amount of time from
work as she would only need to request off on June 5, 2025, and June 6, 2025.
6.
Prior to making this Motion, the undersigned conferred with Assistant United States
Attorney Jonathan Storage on May 29, 2025, who advised that the Government has no objection
to a continuance.
WHEREFORE, Ms. Brown requests that the Court enter an Order continuing the plea
hearing until 3:00 p.m. or later.
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
2 See, e.g., Google Flights, https://www.google.com/travel/flights/s/DPDmgDMZE2NVuguPA (last visited May 29,
2025).
Case 2:24-cr-00192 Document 219 Filed 05/30/25 Page 2 of 3 PageID #: 1180
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 Continue Plea
Hearing was served upon all parties via the CM/ECF Court System on May 30, 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 219 Filed 05/30/25 Page 3 of 3 PageID #: 1181File and source
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