Court filing
Information - United States v. Maurice Fayne related docket
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2021-10-22 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 248 · 2021-10-22 · Docket on CourtListener
Summary
A transcript of a June 25, 2020 telephone conference before U.S. Magistrate Judge Justin S. Anand in United States of America v. Maurice Fayne, No. 1:20-cr-00228-MHC-JKL, in the U.S. District Court for the Northern District of Georgia, filed October 22, 2021 as Document 248. The conference addresses a motion by defense attorney Tanya Miller to withdraw as counsel, with Assistant United States Attorney Michael Brown appearing for the government. The defendant confirms that he consents to the withdrawal and wants court-appointed counsel. The judge grants the motion and, after reviewing a financial affidavit, finds the defendant eligible and appoints the Federal Defender Program. Defense counsel notes that the defendant plans to request a modification of his bond, and the six-page transcript is certified by the official court reporter on October 16, 2021.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
United States of America,
vs. Docket No.
1:20-cr-00228-MHC
Maurice Fayne,
Defendant.
TRANSCRIPT OF TELEPHONE CONFERENCE
MOTION TO WITHDRAW AS COUNSEL
BEFORE THE HONORABLE JUSTIN S. ANAND
UNITED STATES MAGISTRATE COURT JUDGE
THURSDAY, JUNE 25, 2020
Appearance of Counsel:
For the Plaintiff: Michael Brown, Esq.
Assistant United States Attorney
For the Defendant: Tanya Miller, Esq.
Judith M. Wolff, CRR
Official Court Reporter
1914 United States Courthouse
75 Ted Turner Drive, S.W.
Atlanta, Georgia 30303
judith_wolff@gand.uscourts.gov
Transcribed From Digitally-Recorded Audio
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Case 1:20-cr-00228-MHC-JKL Document 248 Filed 10/22/21 Page 1 of 6
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(Court was called to order at 12:02 p.m.)
THE COURT: Hi. Good morning. This is Judge Anand.
Do I have everybody on the line?
MS. MILLER: Yes. Good morning, your Honor. Tanya
Miller, for Mr. Fayne.
THE COURT: Hi. Good morning, Ms. Miller.
MR. BROWN: Yes. Mike Brown, for the government.
THE COURT: Morning, Mr. Brown.
MR. BROWN: Morning.
THE COURT: And is Mr. Fayne also on the line?
THE DEFENDANT: Yes, sir. Mr. Fayne here.
THE COURT: All right. Very good.
So I have received the motion from Ms. Miller to
withdraw and it wasn't clear whether Mr. Fayne was asking for
court-appointed counsel, but I did receive the financial
affidavit from Mr. Fayne.
So let me just confirm, Mr. Fayne, at this time, are
you wanting to apply for and receive court-appointed counsel
in this case?
THE DEFENDANT: Yes, sir. That is correct.
THE COURT: Okay. And you consent to Ms. Miller's
motion to withdraw as counsel?
THE DEFENDANT: Yes, sir.
THE COURT: Ms. Miller, have you received any
retainer or funds that you are still in possession of that you
USA v Fayne June 25, 2020 Motion to Withdraw
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Case 1:20-cr-00228-MHC-JKL Document 248 Filed 10/22/21 Page 2 of 6
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have not yet returned to Mr. Fayne?
MS. MILLER: Your Honor, I did receive a -- I did
receive funds. They were not -- there was no retainer with a
flat fee for my services.
It was an agreement that we would settle on a
finalized fee once we adjourned the investigation, once
Mr. Fayne was formally indicted and we understood the scope of
his case.
And unfortunately, when that happened, and not to go
into too much detail with my discussion with Mr. Fayne, but he
is unable to pay any money at this time in part because he has
not been able to work.
But it is partly because much of what he had has been
seized by the government and he just does not have any money
at this time.
So there is no -- there was no retainer, billing
retainer situation.
THE COURT: Okay. And then all I was trying to get
at was whether or not you have any money that you've not yet
billed for that would be for returning to Mr. Fayne, but it
sounds like the answer to that is no, that whatever you were
paid is for services rendered already; is that correct?
MS. MILLER: That is correct, your Honor.
THE COURT: Okay. All right.
So I will grant the motion.
USA v Fayne June 25, 2020 Motion to Withdraw
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Case 1:20-cr-00228-MHC-JKL Document 248 Filed 10/22/21 Page 3 of 6
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And I have also reviewed the financial affidavit that
Mr. Fayne has submitted and I find that the information
provided for in that affidavit, along with the statement here,
qualifies him for a court-appointed counsel.
Obviously, there is a large amount of historical
income afforded, but we also have a substantial amount of
seizures, so I find on the basis of that information that he
is eligible for court-appointed counsel. So I will grant that
application.
Mr. Brown, the Federal Defender Program is not
conflicted for this; is that correct?
MR. BROWN: That's correct.
THE COURT: All right. So we will appoint the
Federal Defender Program. I don't know which specific
attorney would receive that appointment, but we will reach out
to them, whoever is on duty, and they should receive that duty
and we will appoint them right away.
And that person will be in touch with you, Mr. Fayne,
as well as with Ms. Miller right away.
Anything else for today?
MS. MILLER: No. Not on behalf of Mr. Fayne, your
Honor.
Except we do anticipate, just so that everyone is
aware, and I'm sure he will discuss this with whoever his
counsel is, and request for him to be able to start working
USA v Fayne June 25, 2020 Motion to Withdraw
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Case 1:20-cr-00228-MHC-JKL Document 248 Filed 10/22/21 Page 4 of 6
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again.
And he just wanted me to raise that, to let everyone
to know that, that he was planning to do that at some point in
the near future, formally request a modification of his bond.
THE COURT: We will take that up when it's presented
and new counsel has had a chance to get up to speed.
Anything else, from the government?
MR. BROWN: Nothing from the government.
THE COURT: All right. That will be that.
We will grant the motion, issue an order, and I
believe by the end of the day we should have the name of the
person. If not, by tomorrow, but it will probably be today.
And then again that person will get in touch with
you, Mr. Fayne, and then we'll go forward here.
Otherwise, we will be in adjournment.
MS. MILLER: Thank you, your Honor.
THE DEFENDANT: Thank you.
MR. BROWN: Thank you.
(Proceedings were adjourned at 12:08 p.m.)
USA v Fayne June 25, 2020 Motion to Withdraw
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Case 1:20-cr-00228-MHC-JKL Document 248 Filed 10/22/21 Page 5 of 6
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TRANSCRIBER'S CERTIFICATION
I, Judith M. Wolff, a Certified Realtime Reporter,
with offices in Atlanta, Georgia, do hereby certify:
That I transcribed the proceedings digitally recorded
on June 25, 2020, in the matter of USA vs. Maurice Fayne, aka
Arkansas Mo, Case No. 1:20-cr-00228-MHC;
That said audio recording of the proceedings were
reduced to typewritten form by me;
And that the foregoing transcript is a true and
accurate record of the proceedings.
Date: October 16, 2021
s/ JUDITH M. WOLFF, CERTIFIED REALTIME REPORTER
Signature of Transcriber
USA v Fayne June 25, 2020 Motion to Withdraw
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Case 1:20-cr-00228-MHC-JKL Document 248 Filed 10/22/21 Page 6 of 6File and source
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