Court filing
Information - United States v. Maurice Fayne related docket
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2021-02-18 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 166 · 2021-02-18 · Docket on CourtListener
Summary
An order dated February 18, 2021 in United States v. Daniel Eric Jay (2), No. 1:20-cr-00228-MHC-JKL, in the U.S. District Court for the Northern District of Georgia, filed as Doc. 166. The order records that after a Faretta hearing on February 12, 2021 the Court allowed Mr. Jay to proceed pro se, and that the government asked him for a two terabyte hard drive to produce discovery. It treats his emailed reply to chambers as an oral motion to continue and grants it, setting April 13, 2021 for pretrial motions and a Zoom pretrial conference on April 14, 2021 at 9:30 a.m. The delay is excluded under the Speedy Trial Act, citing 18 U.S.C. § 3161, et seq. The seven-page filing carries the signature block of Magistrate Judge John K. Larkins III and an Attachment A of images from the defendant's email.
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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, v. DANIEL ERIC JAY (2) Defendant. CRIMINAL ACTION FILE NO. 1:20-CR-228-MHC-JKL-2 ORDER This case is before the Court on Defendant Daniel Eric Jay’s oral motion to continue the pretrial hearing in this case. On January 7, 2021, the Court, at the request of Mr. Jay’s former counsel, reset the deadline for Mr. Jay to file pretrial motions to February 18, 2021 and the pretrial conference to February 19, 2021, via Zoom. [Doc. 132.] In the meantime, on February 12, 2021, the Court held a Faretta hearing and found that Mr. Jay knowingly, voluntarily, and intelligently waived his right to counsel and allowed Mr. Jay to proceed pro se. At the hearing, it was noted that Mr. Jay did not personally possess a copy of discovery and that the discovery set provided to Mr. Jay’s prior counsel potentially included Case 1:20-cr-00228-MHC-JKL Document 166 Filed 02/18/21 Page 1 of 7 extraneous materials. As a result, the government instructed Mr. Jay to provide it a two terabyte hard drive so it could produce discovery directly to him. [Doc. 162.] On February 18, 2021, chambers staff emailed the parties the Zoom login information for the pretrial conference and also asked Mr. Jay to state whether he wanted a continuance for more time in which to review discovery and file pretrial motions. Mr. Jay responded as follows: It is the will/wish of :Daniel: third party intervenor real party in interest being harmed, with intent not to waive rites/rights to the internationally protected person status [notice of status on record with the court] established with the United States of America, accepted and acknowledged on the Tenth day of September, anno Domini Two Thousand and Twenty, accepts the courts offer for continuance.1 The Court interprets this response as an oral motion to continue the pretrial deadlines. Upon consideration, Mr. Jay’s motion is GRANTED. Mr. Jay shall have until April 13, 2021 to file any necessary pretrial motions. The pretrial conference in his case is hereby rescheduled to Wednesday, April 14, 2021, at 9:30 a.m. via Zoom. The Court will send meeting instructions to all parties via email and/or docket entry in CM/ECF prior to the pretrial conference. Mr. Jay is 1 Mr. Jay also attached three images to his email that appear to show tracking information for a package he sent to former President Donald J. Trump. The Court attaches those images as Attachment A. 2 Case 1:20-cr-00228-MHC-JKL Document 166 Filed 02/18/21 Page 2 of 7 3 cautioned that any pretrial motions must be physically received in the Clerk’s office no later than April 13, 2021, and that if he does not file any pretrial motions by this deadline, his case may be certified ready for trial. 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 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 18th day of February, 2021. ___________________________________ JOHN K. LARKINS III United States Magistrate Judge Case 1:20-cr-00228-MHC-JKL Document 166 Filed 02/18/21 Page 3 of 7 ATTACHMENT A Case 1:20-cr-00228-MHC-JKL Document 166 Filed 02/18/21 Page 4 of 7 Case 1:20-cr-00228-MHC-JKL Document 166 Filed 02/18/21 Page 5 of 7 Case 1:20-cr-00228-MHC-JKL Document 166 Filed 02/18/21 Page 6 of 7 Case 1:20-cr-00228-MHC-JKL Document 166 Filed 02/18/21 Page 7 of 7
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- gov.uscourts.gand.278523.166.0.pdf
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- 3,677,606 bytes
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- 4d798f9631add7915a7193ea34fe89ec276cbfb9221d501e087822c03c594e45
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