Court filing
MOTION to Continue Plea Hearing as to Damisha Brown — United States of America v. Sutton et al (Dkt. 229)
Record facts
| Court | U.S. District Court for the Southern District of West Virginia |
|---|---|
| Filed | 2025-06-03 |
U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 229 · 2025-06-03 · Docket on CourtListener
Summary
A defense motion to continue a plea hearing, filed June 3, 2025 as Document 229 in United States of America v. Sutton et al, Criminal Action No. 2:24-cr-00192-06, before Judge Irene C. Berger in the U.S. District Court for the Southern District of West Virginia, Charleston Division. Filed for defendant Damisha Brown, it notes that on June 2, 2025 the court denied an earlier motion to continue the plea hearing given the trial schedule, and that the court then granted co-defendant Shamise Wright's second motion to continue and moved the trial from June 9, 2025 to July 14, 2025. The motion asks that the plea hearing set for June 5, 2025 at 9:00 a.m. be continued for at least two weeks, citing difficulty travelling from New Jersey to Charleston. It states that the Assistant United States Attorney was consulted on June 2, 2025 and that the Government has no objection.
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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 June 2, 2025, the Court entered an Order (ECF No. 222) denying Ms. Brown’s
Motion to Motion to Continue Plea Hearing “[g]iven the trial schedule.”
2.
Shortly thereafter, the Court entered an Order (ECF No. 225) granting Defendant
Shamise Wright’s Second Motion to Continue Pretrial and Trial Dates (ECF No. 209) and
continued the trial, previously scheduled for June 9, 2025, to July 14, 2025.
3.
As set forth in Ms. Brown’s Motion to Continue Plea Hearing (ECF No. 219), 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 on June 5, 2025.
4.
Moreover, Ms. Brown is unable to afford a flight arriving prior to 9:00 a.m. on June
5, 2025.1
1 Compare, e.g., Google Flights, https://www.google.com/travel/flights/s/bKUcwZn4NukT2SNw8 (last visited June
3, 2025) ($363), with Google Flights, https://www.google.com/travel/flights/s/iFWkjxBZTNajvqAG7 (last visited
June 3, 2025) ($99). The most affordable flight option is from Newark, New Jersey (EWR) to Charleston, West
Virginia (CRW) on Breeze Airways. These flights are scheduled to depart at 12:09 p.m. and land at 1:49 p.m. on
Case 2:24-cr-00192 Document 229 Filed 06/03/25 Page 1 of 4 PageID #: 1209
5.
Considering the continuance of the trial date, Ms. Brown requests that the Court
continue the plea hearing, currently scheduled for June 5, 2025, at 9:00 a.m., for a period of at least
two weeks.
6.
This would allow sufficient time for Ms. Brown to have the necessary repairs to her
car performed so that she can drive from the City of Orange, New Jersey to Charleston, West
Virginia for the plea hearing or to book a flight further in advance of the plea hearing, which would
reduce the financial strain on herself and her family.
7.
This would also allow Ms. Brown to provide more notice to her employer of the
need to take time off and arrange for necessary childcare.
8.
Further, the requested continuance would still allow for the plea hearing to take
place well in advance of the current trial date.
9.
Prior to making this Motion, the undersigned conferred with Assistant United States
Attorney Jonathan Storage on June 2, 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 for a period of at least two weeks. 2
Tuesdays, Thursdays, and Sundays. Should the Court grant this Motion, Ms. Brown requests that the Court consider
these flight options in scheduling the plea hearing.
2 For scheduling purposes, the undersigned notes that he will be travelling out of state from June 9, 2025, to June 17,
2025. Should the Court grant this Motion, the undersigned requests that the plea hearing not be scheduled during this
time.
Case 2:24-cr-00192 Document 229 Filed 06/03/25 Page 2 of 4 PageID #: 1210
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 229 Filed 06/03/25 Page 3 of 4 PageID #: 1211
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 June 3, 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 229 Filed 06/03/25 Page 4 of 4 PageID #: 1212File and source
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