Court filing
Criminal Complaint - United States v. Maurice Fayne related docket
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2020-11-28 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 109 · 2020-11-28 · Docket on CourtListener
Summary
Defendant Jay's Motion for Continuance in United States v. Daniel Eric Jay, No. 1:20-cr-00228-MHC-JKL, in the U.S. District Court for the Northern District of Georgia, filed November 28, 2020 as Doc. 109. The motion asks the Court to continue the December 1, 2020 pretrial conference and extend the deadline for filing motions. Its procedural history states that Mr. Jay was charged by criminal complaint on July 9, 2020 and by a First Superseding Indictment on July 28, 2020 with one count of bank fraud. It states that a Second Superseding Indictment returned November 19, 2020 charged him with wire fraud conspiracy and wire fraud, added two defendants, and that his arraignment is set for December 17, 2020. The four-page motion, signed by Kamal Ghali, asks for a continuance until the week of January 11, 2020.
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Full text
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA v. DANIEL ERIC JAY Criminal Action No. 1:20-CR-228-MHC-JKL DEFENDANT JAY’S MOTION FOR CONTINUANCE Defendant Daniel Eric Jay respectfully requests that the Court continue the December 1, 2020 pretrial conference and extend the deadline for filing motions. Brief Procedural History On July 9, 2020, Mr. Jay was charged by criminal complaint. Doc. 1. On July 28, 2020, a grand jury in the Northern District of Georgia returned an indictment (the First Superseding Indictment) charging him with one count of bank fraud. Doc. 41 at 5-6. On August 21, 2020, Mr. Jay moved for a continuance noting (a) the volume of discovery (well over 20,000 pages), (b) that certain Rule 16 materials (that required loading onto a one terabyte hard drive) had not yet been produced, and (c) the need for additional time to determine what motions Mr. Jay needed to file, if any. Doc. 67. The Court granted that unopposed motion and set the pretrial conference for October 27, 2020. Doc. 68. Case 1:20-cr-00228-MHC-JKL Document 109 Filed 11/28/20 Page 1 of 4 2 On October 23, 2020, the Government moved to continue the pretrial conference noting that it intended to bring additional criminal charges against Mr. Jay and to charge an additional defendant. Doc. 93. The Court granted that unopposed motion and set the pretrial conference for December 1, 2020. Doc. 94. On November 19, 2020, the grand jury returned a Second Superseding Indictment in this case, which charged Mr. Fayne and Mr. Jay and added two new defendants, Michael and Mark T. Sargent. Doc. 96. That indictment charged Mr. Jay with new crimes (wire fraud conspiracy and wire fraud) involving conduct wholly unrelated to the bank fraud charged in the First Superseding Indictment. Id. at 1-9. Mr. Jay’s arraignment is set for December 17, 2020. Doc. 100. Request for Continuance Given the new criminal charges filed against Mr. Jay on November 19, 2020, he will be entitled to another pretrial conference and a new deadline to file motions. To avoid the inefficiency of scheduling two pretrial conferences and having two motions deadlines, Mr. Jay respectfully requests that the Court continue the December 1, 2020 pretrial conference and extend the motions deadline. Given the upcoming holidays, the upcoming December 17, 2020 arraignment of Mr. Jay on the new charges, the likelihood that the Government Case 1:20-cr-00228-MHC-JKL Document 109 Filed 11/28/20 Page 2 of 4 3 will produce new Rule 16 materials relating to the new defendants, and the fact that a pretrial conference has not yet been scheduled relating to the new indictment, Mr. Jay respectfully requests a continuance of the motions deadline and the pretrial conference until the week of January 11, 2020. This 28th day of November, 2020. /s/ Kamal Ghali Kamal Ghali Georgia Bar No. 805055 ghali@bmelaw.com BONDURANT, MIXSON & ELMORE, LLP 1201 West Peachtree Street, N.W., Suite 3900 Atlanta, Georgia 30309 (404) 881-4100 – Telephone (404) 881-4111 – Facsimile Case 1:20-cr-00228-MHC-JKL Document 109 Filed 11/28/20 Page 3 of 4 4 CERTIFICATE OF SERVICE I hereby certify that this 28th day of November, 2020, a copy of the foregoing MOTION FOR CONTINUANCE was electronically filed with the Clerk of the Court and copies sent to all counsel of record via the ECMF system. /s/ Kamal Ghali Kamal Ghali Georgia Bar No. 805055 ghali@bmelaw.com Case 1:20-cr-00228-MHC-JKL Document 109 Filed 11/28/20 Page 4 of 4
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