Court filing

Motion for Extension of Time to File Pretrial Motions — United States v. Maurice Fayne (Doc. 179, N.D. Ga.)

Summary

The document filed 04/03/21 as Document 179 in United States v. Maurice Fayne, Case No. 1:20-CR-228-MHC-JKL, U.S. District Court for the Northern District of Georgia, is his motion for an extension of time to file pretrial motions and hold the pretrial conference. It recounts the charging history: a complaint on May 12, 2020, an indictment on June 24, 2020, and superseding indictments on July 28, 2020 and November 19, 2020. His counsel, Saraliene S. Durrett, appointed January 12, 2021, says she received an additional discovery production on April 2, 2021 containing material seized from his residence that had been removed as possibly privileged. The motion asks for 30 more days, notes that AUSA Russell Phillips has no objection, and asks that the time be excluded under the Speedy Trial Act.

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Filed April 3, 2021 in United States v. Maurice Fayne related docket; one of 375 filings from this case.

Record facts

Court	U.S. District Court for the Northern District of Georgia
Filed	2021-04-03

Cite this document

“Motion for Extension of Time to File Pretrial Motions — United States v. Maurice Fayne (Doc. 179, N.D. Ga.).” U.S. District Court for the Northern District of Georgia, No. 1:20-cr-00228-MHC-JKL, Doc. 179, filed 2021-04-03. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-fayne-gand-278523/2021-04-03-criminal-complaint-doc-179/, SHA-256 119f7fbad97100830e8736406d30957ba3bfe48389836b170f5d3c5c2f8c5cb2.

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Full text

1 
 
IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA 
 
) 
                           
 
 
 
 
) 
v. 
 
 
 
 
 
 
)  
CASE No.  
                             
 
 
 
) 
1:20-CR-228-MHC-JKL 
 
 
 
 
 
 
 
) 
MAURICE FAYNE, 
 
 
 
) 
 
 
 
 
Defendant.  
 
 
) 
 
 
Comes now Maurice Fayne, by and through his counsel of record, and 
hereby files this motion for extension of time to file pretrial motions and to hold 
the pretrial conference and respectfully show as follows: 
1. Mr. Fayne was initially charged via complaint on May 12, 2020.  Doc. 1. 
2. An indictment was filed on June 24, 2020.  Doc. 17.  A first superseding 
indictment was filed July 28, 2020.  Doc. 41. A second superseding 
indictment was filed on November 19, 2020.  Doc. 96.  
3. Present counsel was appointed to represent Mr. Fayne on January 12, 2021.  
Doc. 137.   
4. Counsel received the initial discovery on Tuesday, February 2, 2021.  
Counsel received an additional production on April 2, 2021.  This 
production contains information that was seized from Mr. Fayne’s residence, 
but that was removed from Mr. Fayne’s initial discovery because it may 
contain privileged information.  Counsel requested these removed materials 
Case 1:20-cr-00228-MHC-JKL     Document 179     Filed 04/03/21     Page 1 of 4

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when she learned that some of Mr. Fayne’s attorney/client privileged 
information may have been seized in this case.  
5. Pretrial motions are currently due on April 12, 2021.  The pretrial 
conference is scheduled for April 13, 2021.  
6. Counsel anticipates needing additional time to review the discovery and to 
determine what, if any, pretrial motions should be filed in this case.  For that 
reason, counsel is requesting a continuance of the pretrial motions deadline 
and the pretrial conference in this case.  
7. Counsel asserts that the additional time will also give the parties time to 
determine if a resolution can be had in the case that may alleviate the need 
for pretrial motions.  
8. Counsel has a previously requested leave from April 5-9, 2021.  Doc. 172.  
9. For these reasons, counsel is requesting an additional 30-days to file pretrial 
motions and to hold the pre-trial conferences.  Counsel discussed this 
request with Assistant United States Attorney Russell Phillips, counsel for 
the government in this case, who has no objection.  
 
 
 
Case 1:20-cr-00228-MHC-JKL     Document 179     Filed 04/03/21     Page 2 of 4

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10. Counsel requests that the time of the extension to file motions and complete 
the pretrial conference be excluded under the Speedy Trial Act, pursuant to 
18 U.S.C. § 3161(h)(7). 
Respectfully submitted this 3rd day of April 2021.  
 
s/Saraliene S. Durrett 
 
 
 
 
SARALIENE S. DURRETT 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 1:20-cr-00228-MHC-JKL     Document 179     Filed 04/03/21     Page 3 of 4

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CERTIFICATE OF SERVICE 
 
 
This is to certify that the undersigned has this date electronically filed the 
foregoing motion to continue with the Clerk of the Court using the CM/ECF 
system which will automatically send email notification of such filing to the 
following attorney(s) of record:  
All Defense Counsel 
All AUSAs of record 
 
Respectfully submitted this 3rd day of April 2021.  
 
s/Saraliene S. Durrett 
 
SARALIENE S. DURRETT 
 
 
 
 
1800 Peachtree Street 
 
 
 
Suite 300 
 
 
 
 
 
 
Atlanta, GA 30309 
 
 
 
 
(404) 433-0855 
 
 
 
 
 
ssd@defendingatl.com 
 
 
Case 1:20-cr-00228-MHC-JKL     Document 179     Filed 04/03/21     Page 4 of 4

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File: gov.uscourts.gand.278523.179.0.pdf
Size: 89,649 bytes
SHA-256: 119f7fbad97100830e8736406d30957ba3bfe48389836b170f5d3c5c2f8c5cb2
Our copy: gov.uscourts.gand.278523.179.0.pdf
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