Motion — United States v. Maurice Fayne (Dkt. 53, N.D. Ga. No. 1:20-cr-00228, GAND 278523)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 53 · 2020-08-06 · Docket on CourtListener

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FILED IN cLERK’S OFFICE
U S.9.C. MaMa
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
MiG 06 zOZO
ATLANTA DIVISION
mt
Clerk
UNITED STATES OF AMERICA
I
CRIMINAL ACTION
Plaintiff,
V.
I
CASE NO. 1:20-CR-228
Li kC
I
CASE NOs. 1:20-MJ-370, 364,
361, 360, 355 and 1:20-MC-833,
MAURICE FAYNE,
I
1:20-CR-228-MHC-JKL,
FICTITIOUS DEFENDANT
1 :20-CR-228-MHC-JKL
Defendant,
I
MOTION TO MODIFY CONDITIONS OF RELEASE AND TO BE HEARD
COMES NOW, maurice johnson fayne el (alleged defendant), a aniyunwan
Moor American National, but not Citizen of the United States, hereby move this
Court to enter an order modifying the conditions of release, to allow maurice
johnson fayne el to travel for work and to confront the witness against him
. In
support thereof, maurice johnson fayne el states as follows:
1. The Order Setting Conditions of Release [Doc. 91 was entered on May 13,
2020.
2. Alleged Defendant secured bail and is currently being supervised by the
U.S. Pretrial Services Office.
Case 1:20-cr-00228-MHC-JKL     Document 53     Filed 08/06/20     Page 1 of 5

3. maurice johnson fayne el has been fully compliant with the conditions of
release to date.
4. maurice johnson fayne el is not a flight risk. Upon notification of a
warrant for his arrest, he turned himself in to authorities the same day.
5. maurice johnson fayne el now seeks a modification of this Court’s order,
specifically Condition Numbers 8 s(i) modify curfew to remove curfew to
allow alleged defendant to consistently cross state lines for work purposes
and (8)0) to allow alleged defendant to cross examine, depose and interview
potential witnesses, as well obtain pertinent documentation regarding this
case to properly defend himself against all allegations in this case. If alleged
defendant is not allowed to cross examine potential witnesses, he will be
severely prejudice regarding this matter and his constitutionally protected 6th
amendment right would be violated. (8)(v) to allow maurice johnson fayne
el to travel outside of the Northern District of Georgia and travel across state
lines consistently for work. maurice johnson fayne el job will require
traveling cross state lines. BI SmartLink still will have his tracking location.
Trucks are also equipped with elog (electronic logging devices) that tracks
location with times 24 hours a day. maurice johnson fayne el will still be
able to check in and perform face to face meetings with the Pretrial officer,
as well as send the pretrial officer work log documentation. maurice johnson
Case 1:20-cr-00228-MHC-JKL     Document 53     Filed 08/06/20     Page 2 of 5

fayne ci has spoken to the supervising Pretrial/Probation officer and the
officer stated that the order would have to come from the court.
6. Alleged defendant maurice johnson fayne el is the primary provider for
his family. Alleged Defendant is confined to his home and monitored by BI
SmartLink which tracks and takes photos of alleged defendant. A phone
check in is done by maurice johnson fayne el every Thursday with the
probation officer along with a one face to face meeting and a drug test once
a month; however, he is allowed out of his home for certain limited purposes
and other activities approved by Pretrial Services.
7. Being able to cross state lines will allow him to earn additional wages.
Without the opportunity to earn wages, the alleged defendant will be
prejudiced and not be able to prepare a proper defense against all allegations
and provide for his family. Prior to the indictment, alleged defendant had
been working.
WHEREFORE, for the foregoing reasons maurice johnson fayne el
requests this Court enter an order modifying his conditions of release to
allow him to travel consistently for work and be allowed to cross examine
potential witnesses to prepare a proper defense against all allegations.
Dated this 6th day of August, 2020
Case 1:20-cr-00228-MHC-JKL     Document 53     Filed 08/06/20     Page 3 of 5

44e7 o)f/,/1/~ ‘~rdk~C
maurice johnson fayne-el
do 6608 N Western Avenue # 1307
Oklahoma City, Oklahoma [73116] U.S.A
770-846-1034
Email: n1auriccjohnsoHIaync.c1trust@gmai1.com
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion to Modify Conditions of release
has been formatted in Times New Roman 14 pt. in accordance with Local Rule 5.1
B and was electronically filed this day with the Clerk of the Court using the
CM/ECF system which will automatically send email notification of such filing to
the following counsel of record:
James N. Hatten Clerk of Court
Attorney John Russell Phillips
UNITED STATES DISTRICT COURT
Richard B. Russell Federal Building
NORTHERN DISTRICT OF GEORGIA
United States Attorney’s Office
Richard B. Russell Federal Building
75 Ted Turner Drive, SW #600
Case 1:20-cr-00228-MHC-JKL     Document 53     Filed 08/06/20     Page 4 of 5

2211 United States Courthouse
Atlanta, Georgia 30303-3309
75 Ted Turner Drive, SW
(404) 581-6000
Atlanta, Georgia 30303-3309
Email:russell.phillips@.gov
(404) 215- 1600
Attorney Bernita Malloy
Attorney Byung J. Pak
Richard B. Russell Federal Building
Richard B. Russell Federal Building
United States Attorney’s Office
United States Attorney’s Office
75 Ted Turner Drive, SW #600
75 Ted Turner Drive, SW #600
Atlanta, Georgia 30303-3309
Atlanta, Georgia 30303-3309
(404) 581-6000
Email: Bernita.Malloy@usdoj.gov
Attorney Michael John Brown
Richard B. Russell Federal Building
United States Attorney’s Office
75 Ted Turner Drive, SW #600
Atlanta, Georgia 30303-3309
Email: Michael.j .brown2@usdoj .gov
Case 1:20-cr-00228-MHC-JKL     Document 53     Filed 08/06/20     Page 5 of 5

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