Court filing
Unopposed MOTION for Extension of Time To File Pretrial Motions And To Continue The… — USA v. Thomas et al (Dkt. 75)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2020-12-10 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 75 · 2020-12-10 · Docket on CourtListener
Summary
An unopposed motion for extension of time to file pretrial motions, filed December 10, 2020 by counsel for defendant Darrell Thomas in the U.S. District Court for the Northern District of Georgia, Atlanta Division, as Document 75 in No. 1:20-cr-00296-JPB-CMS. Citing LCrR 12.1B, the motion asks for an additional sixty days, to and including February 21, 2021, stating that the government has advised counsel it will produce additional discovery in the coming weeks and that counsel have not yet received or reviewed it. It states that the government does not oppose the motion and invokes 18 U.S.C. § 3161(h)(7)(A) and (B) to exclude the resulting delay from the speedy trial computation. It also states that the defendant authorized the filing and waives any speedy trial time restraints. The filing runs five pages with a certificate of compliance and a certificate of service.
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Full text
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) CASE NO.: 1:20-CR-00296-JPB-AJB ) DARRELL THOMAS, ) ) Defendant. ) ) UNOPPOSED MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE PRETRIAL MOTIONS BRIEF IN SUPPORT THEREOF COMES NOW Defendant, DARRELL THOMAS, by and through his undersigned counsel, and pursuant to LCrR 12.1B. NDGa, respectfully moves this Court for additional time within which to file pretrial motions in this case. In support of this Motion, Defendant shows as follows: 1. The government has advised undersigned counsel that it will be producing additional discovery in the coming weeks. Given that undersigned counsel have not yet received and begun their review of this additional discovery in this case, and given undersigned counsel’s other case commitments, Defendant respectfully requests that he have an additional sixty (60) days within which to review this discovery and to file pretrial motions in this case, to and including, February 21, 2021. Case 1:20-cr-00296-JPB-CMS Document 75 Filed 12/10/20 Page 1 of 5 - 2 - 2. The government has advised undersigned counsel that it does not oppose the granting of this Motion. 3. Under 18 U.S.C. § 3161(h)(7)(A) and (B), the period of delay caused by the granting of this motion is excluded in the computation of the time within which the trial in the instant case must commence. That is, this period of delay is a result of the request of Defendant’s counsel and the ends of justice served by the granting of this motion outweigh the best interests of the public and Defendant in a speedy trial in that the failure to grant such continuances would result in a miscarriage of justice; would deny Defendant’s counsel time for adequate preparation for pretrial proceedings and would deny Defendant the “reasonable time necessary for effective preparation, taking into account the exercise of due diligence.” 18 U.S.C. § 3161(h)(7)(A)and(B). 4. Undersigned counsel state herein that Defendant has expressly authorized the filing of this motion for an extension of time within which to file pretrial motions and to continue the pretrial conference and waives any speedy trial time restraints. WHEREFORE, for all of the foregoing reasons, Defendant respectfully prays that this Court grant him additional time within which to file his pretrial motions, to and including February 21, 2021. Case 1:20-cr-00296-JPB-CMS Document 75 Filed 12/10/20 Page 2 of 5 - 3 - This, the 10TH day of December, 2020. Respectfully submitted, s/ Howard Jarrett Weintraub HOWARD JARRETT WEINTRAUB Georgia Bar No. 746456 Attorney for Defendant Darrell Thomas s/ Benjamin Black Alper BENJAMIN BLACK ALPER Georgia Bar No. 940406 Attorney for Defendant Darrell Thomas LAW OFFICES WEINTRAUB & ALPER, P.C. 1355 Peachtree Street, N.E. Suite 1250 Atlanta, Georgia 30309 404.892.2000 (Telephone) 404.892.2040 (Facsimile) law@howardjweintraubpc.com C:\HJW\Client\D\Thomas\MotionForAdditionalTime Case 1:20-cr-00296-JPB-CMS Document 75 Filed 12/10/20 Page 3 of 5 - 4 - CERTIFICATE OF COMPLIANCE This is to certify that to the best of my knowledge this document has been prepared with one of the font and point selections approved by the Court in LR 5.1B, pursuant to LR 7. Specifically, the above-mentioned document has been prepared using Times New Roman font, 14 point. This, the 10TH day of December, 2020. s/ Benjamin Black Alper BENJAMIN BLACK ALPER Georgia Bar No. 940406 Attorney for Defendant Darrell Thomas LAW OFFICES WEINTRAUB & ALPER, P.C. 1355 Peachtree Street, N.E. Suite 1250 Atlanta, Georgia 30309 404.892.2000 (Telephone) 404.892.2040 (Facsimile) law@howardjweintraubpc.com C:\HJW\Client\D\Thomas \CertificateOfCompliance Case 1:20-cr-00296-JPB-CMS Document 75 Filed 12/10/20 Page 4 of 5 - 5 - IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) CASE NO.: 1:20-CR-00296-JPB-AJB ) DARRELL THOMAS, ) ) Defendant. ) ) CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the above date, I electronically filed this document using the CM/ECF system which will automatically send email notification of such filing to all attorneys of record. Respectfully submitted, s/ Benjamin Black Alper BENJAMIN BLACK ALPER Georgia Bar No. 940406 Attorney for Defendant Darrell Thomas LAW OFFICES WEINTRAUB & ALPER, P.C. 1355 Peachtree Street, N.E. Suite 1250 Atlanta, Georgia 30309 404.892.2000 (Telephone) 404.892.2040 (Facsimile) law@howardjweintraubpc.com C:\HJW\Client\D\Thomas\CertificateOfService Case 1:20-cr-00296-JPB-CMS Document 75 Filed 12/10/20 Page 5 of 5
File and source
- File
- gov.uscourts.gand.279863.75.0.pdf
- Size
- 133,360 bytes
- SHA-256
- 34c6a0a5afa30bfb7bb4246da59523a200a5fd590f1d7cfc010bc15b07e5f8a6
- Original
- PACER (login required)