Order, Motion for Extension of Time to File Pretrial Motions (Granted) — United States v. Fayne (Dkt. 155)

Summary

Order, Doc. 155, dated February 4, 2021, in the United States District Court for the Northern District of Georgia, Atlanta Division, in United States of America v. Maurice Fayne, Criminal Action File No. 1:20-CR-228-MHC-JKL-1. The order says Fayne moved for an extension of time to file pretrial motions and to hold the pretrial conference [Doc. 153], the government does not object, and the motion is GRANTED. Fayne has until April 12, 2021 to file pretrial motions and the pretrial conference is rescheduled to Tuesday, April 13, 2021, by Zoom because of the Georgia COVID-19 Public Health State of Emergency. The delay is excluded under the Speedy Trial Act because defense counsel received the discovery on February 2, 2021, after a delivery mix-up delayed the hard drive until January 26, 2021. A United States Magistrate Judge signs it.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA  
 
Plaintiff, 
 
v. 
 
MAURICE FAYNE (1) 
 
Defendants. 
 
 
 
 
CRIMINAL ACTION FILE NO. 
 
1:20-CR-228-MHC-JKL-1 
 
 
 
ORDER 
Defendant Maurice Fayne has filed a motion for extension of time to file 
pretrial motions and to hold the pretrial conference. [Doc. 153.]  The government 
does not object.  Defendant Fayne’s motion is GRANTED.  Defendant Maurice 
Fayne shall have until April 12, 2021 to file any necessary pretrial motions.  The 
pretrial conference is hereby rescheduled to Tuesday, April 13, 2021, at 10:30 
a.m.1 
 
1 In light of the Public Health State of Emergency that currently exists in the State 
of Georgia due to the spread of the Coronavirus/COVID-19, the pretrial conference 
will be conducted via Zoom.  The Court will send meeting instructions to all parties 
via email and/or docket entry in CM/ECF a week prior to the pretrial conference. 
Case 1:20-cr-00228-MHC-JKL     Document 155     Filed 02/04/21     Page 1 of 2

2 
The delay between the original and the rescheduled pretrial conference shall 
be excluded from Speedy Trial Act calculations because the Court finds that the 
reason for the delay was for good cause, as counsel for Mr. Fayne received the 
discovery in this case on February 2, 2021.  Due to a mix-up in the delivery 
process, counsel’s hard drive was not delivered to the U. S. Attorney’s Office 
until January 26, 2021. Therefore, additional time is needed to review the 
discovery and to determine what potential pretrial motions to file.  The interests 
of justice in granting the continuance outweigh the public’s and the defendant=s 
rights to a speedy trial. 18 U.S.C. ' 3161, et seq.  The clerk is DIRECTED 
to exclude time from computation under the Speedy Trial Act pursuant to Title 
18, United States Code, Section 3161(h)(7)(A) & (B)(i). 
IT IS SO ORDERED this 4th day of February, 2021. 
___________________________________ 
JOHN K. LARKINS III 
United States Magistrate Judge 
Case 1:20-cr-00228-MHC-JKL     Document 155     Filed 02/04/21     Page 2 of 2

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