Order - United States v. Maurice Fayne related docket

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U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 51 · 2020-08-04 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF GEORGIA 
FILED IN CI.Ei 
U.s.o.c.~~09!FICE 
AUG O 3 2020 
JAMESN 
By:d.i_. ~
17EN, Clerk 
DepUty Clerk 
IN RE: COURT OPERATIONS UNDER 
THE EXIGENT CIRCUMSTANCES 
CREATED BY COVID-19 AND RELATED 
CORONA VIRUS 
GENERAL ORDER 20-01 
Sixth Amendment 
ORDER 
General Order 20-01, dated March 16, 2020, and amended by orders dated March 
30, 2020; April 30, 2020; May 26, 2020; July 1, 2020; and July 10, 2020, addresses Court 
operations for the United States District Court for the Northern District of Georgia under 
the exigent circumstances created by the spread of COVID-19. The Fifth Amendment to 
General Order 20-01, entered July 10, 2020, extended the time periods specified in the 
Order through and including August 30, 2020. 
Data from the Georgia Department of Public Health reflects that the average number 
of new COVID-19 cases per day in the State of Georgia has increased and remains higher 
than it was on March 16, 2020, when the Court originally entered General Order 20-01. A 
July 26, 2020, federal report prepared for the White House Coronavirus Task Force places 
Georgia in the red zone for new COVID-19 cases, indicating more than 100 new cases per 
100,000 population and in the red zone for test positivity, indicating a positive test rate 
above 10 percent. The three Georgia counties identified by the report as having the highest 
number of new cases for the past three weeks, accounting for 24.2% of all new cases in 
Georgia during that period, are all within the Northern District of Georgia. 
Case 1:20-cr-00228-MHC-JKL     Document 51     Filed 08/04/20     Page 1 of 3

Data from the Georgia Department of Public Health indicates the number of 
confirmed cases per day throughout the Northern District of Georgia is at its highest since 
the beginning of the pandemic. The total number of COVID-19 deaths in Georgia and the 
Northern District continues to rise, and no vaccine or cure is available to the general public. 
There has been no change to the President's declaration of a national emergency under the 
National Emergencies Act (50 U.S.C. § 1601 et seq.) due to COVID-19 or to the findings 
of the Judicial Conference of the United States that emergency conditions due to this 
national emergency have materially affected and will materially affect the functioning of 
the federal courts generally. The existing conditions in the Northern District of Georgia do 
not meet the gating criteria set forth in the Federal Judiciary COVID-19 Recovery 
Guidelines for expanding current Court operations in the Northern District. 
As the adverse conditions giving rise to General Order 20-01 have not sufficiently 
resolved for the Court to expand current operations or return to normal operations, IT IS 
HEREBY ORDERED that General Order 20-01, as amended, is further amended to 
extend the time periods specified therein through and including the date of October 4, 2020. 
IT IS FURTHER ORDERED that while there will be no civil or criminal jury 
trials in any division of the Northern District of Georgia until after October 4, 2020, grand 
jurors may continue to be summoned and grand jury proceedings may continue to be held; 
and summonses may be issued to prospective jurors for civil and criminal jury trials 
scheduled to begin after October 4, 2020. 
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Case 1:20-cr-00228-MHC-JKL     Document 51     Filed 08/04/20     Page 2 of 3

IT IS FURTHER ORDERED that the time period of any continuance entered as 
a result of this Order (whether that continuance causes a pre-indictment delay or a pre-trial 
delay) shall be excluded under the Speedy Trial Act, 18 U.S.C. § 316l(h)(7)(A), as the 
Court finds that the ends of justice served by taking that action outweigh the interests of 
the parties and the public in a speedy trial. Absent further order of the Court or any 
individual judge, the period of exclusion shall be from March 23, 2020, through and 
including October 4, 2020. The Court may extend the period of exclusion as circumstances 
may warrant. This Order and period of exclusion are incorporated by reference as a specific 
finding under 18 U.S.C. § 316l(h)(7)(A) in the record of each pending case where the 
Speedy Trial Act applies. See Zedner v. United States, 547 U.S. 489, 506-07 (2006). The 
periods of exclusion in the Court's prior orders on this subject, General Order 20-01 and 
its subsequent amendments, are likewise incorporated by reference as a specific finding 
under 18 U.S.C. § 316l(h)(7)(A) in the record of each pending case where the Speedy Trial 
Act applies. 
SO ORDERED this _a_ day of August 2020. 
THOMAS W. THRASH, JR. 
CHIEF UNITED ST ATES DISTRICT JUDGE 
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Case 1:20-cr-00228-MHC-JKL     Document 51     Filed 08/04/20     Page 3 of 3

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