Court filing
Information - United States v. Maurice Fayne related docket
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2021-10-28 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 256 · 2021-10-28 · Docket on CourtListener
Summary
A transcript of the August 12, 2020 arraignment on the first superseding indictment in United States v. Maurice Fayne, No. 1:20-cr-00228-MHC-JKL, in the U.S. District Court for the Northern District of Georgia, filed October 28, 2021 (Doc. 256). Before Magistrate Judge Russell G. Vineyard, the government confirms that the superseding indictment adds a codefendant to Count 4 but otherwise carries the same charges. Fayne, representing himself, questions the indictment date on his copy, and the court notes its copy is file stamped July 28, 2020. Fayne declines to enter a plea, and the court enters a plea of not guilty on his behalf. The prosecutor tenders discovery that Fayne had earlier returned and says supplemental discovery will follow.
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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-JKL
Maurice Fayne,
Defendant.
TRANSCRIPT OF ARRAIGNMENT ON FIRST SUPERSEDING INDICTMENT
BEFORE THE HONORABLE RUSSELL G. VINEYARD
UNITED STATES MAGISTRATE COURT JUDGE
WEDNESDAY, AUGUST 12, 2020
Appearance of Counsel:
For the Plaintiff: Michael John Brown, Esq.
Assistant United States Attorneys
For the Defendant: Pro Se
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
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Case 1:20-cr-00228-MHC-JKL Document 256 Filed 10/28/21 Page 1 of 8
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(Court was called to order at 10:28 a.m.)
THE COURT: Please be seated.
This is the case of the United States of America vs.
Maurice Fayne, Case No. 1:20-cr-228.
Mr. Fayne, you're in court today because a grand jury
here in the Northern District of Georgia has returned a first
superseding indictment against you and a codefendant.
Have you received a copy of this first superseding
indictment?
THE DEFENDANT: There was just one just placed in
front of me.
THE COURT: All right. Have you had a chance to
review it?
THE DEFENDANT: No, sir.
THE COURT: All right. I'm going to give you a
chance to look it over, then, Mr. Fayne, before we proceed.
I'll take a brief recess. Let me know when you're
ready. Okay.
(There was a recess at 10:29 a.m., and proceedings
continued at 10:32 a.m.)
THE COURT: Please be seated.
All right. Mr. Fayne, have you had an opportunity to
read these charges against you in the superseding indictment?
THE DEFENDANT: Yes.
THE COURT: Do you understand the nature of the
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Case 1:20-cr-00228-MHC-JKL Document 256 Filed 10/28/21 Page 2 of 8
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charges against you in the superseding indictment?
THE DEFENDANT: I don't.
THE COURT: All right. Would you like to have the
indictment read to you in open court?
THE DEFENDANT: No, sir.
THE COURT: All right. The indictment, as I
understand it -- Mr. Brown, please correct me -- adds a
codefendant to Count 4, but otherwise appears to be the same
charges against Mr. Fayne that are in the original indictment;
is that correct?
MR. BROWN: That's correct.
THE COURT: All right. Mr. Fayne, so it's the same
indictment with the exception of a codefendant has been added
in Count 4.
Mr. Fayne, do you want to enter a not guilty plea to
this indictment?
THE DEFENDANT: Now, before I enter, can I ask you a
question, your Honor?
THE COURT: Yes, sir.
THE DEFENDANT: In Georgia, how many days after
indictment should you be arraigned?
I'm not asking for legal advice, just so it's clear.
THE COURT: Well, the state of Georgia rules don't
apply; it would be the federal court rules.
THE DEFENDANT: Well, federal rules.
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Case 1:20-cr-00228-MHC-JKL Document 256 Filed 10/28/21 Page 3 of 8
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THE COURT: So the indictment was returned on July
28, so you are within the time frame for arraignment.
THE DEFENDANT: Okay. If I may present to you, if
this is the request for arraignment, it says date of
indictment, June 28.
This is a certified copy from the circuit court -- I
mean, from the courthouse here.
THE COURT: The copy I have is file stamped July 28,
2020.
Mr. Brown, do you have any information about that?
MR. BROWN: My guess -- I haven't seen that. My
guess is that may have been from the original indictment. He
was originally arrested on a criminal complaint and then
indicted. And then the superseding indictment.
THE COURT: Okay.
MR. BROWN: And I don't know the dates off the top of
my head of when the original indictment came out.
THE DEFENDANT: The original indictment was June 24,
not June 28.
THE COURT: Does that say "superseding indictment" on
there?
THE DEFENDANT: Yes, sir. Yes, sir.
THE COURT: Where did you obtain that document,
Mr. Fayne?
THE DEFENDANT: From the clerk, upstairs.
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Case 1:20-cr-00228-MHC-JKL Document 256 Filed 10/28/21 Page 4 of 8
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THE COURT: All right. Why don't you tender it to
the podium there. Let Mr. Brown see it.
Just put it on the podium and Mr. Brown can take a
look at it.
You can have a seat, Mr. Fayne.
We're going to try to maintain our social distancing
in the courtroom.
MR. BROWN: It does say date of indictment, on the
box underneath the case number, it does say June 28, filed in
open court on July 28.
And it says July 28 up at the top, date submitted by
the clerk of court.
I don't know who put that date in there, whether that
was a typographical from my office, or what. But the date of
the superseding indictment was July 28.
THE COURT: All right. And that's what's reflected
on the document in front of me, Mr. Fayne.
If there is some issue that you want to take up, you
will be able to as the case proceeds. But for purposes of
today, you're simply being arraigned and called upon to either
plead guilty or not guilty to the charges in the indictment.
Have you executed a written plea of not guilty?
THE DEFENDANT: No, sir. I haven't.
THE COURT: Do you have a form for him?
MR. BROWN: I have provided him with the Plea with
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Case 1:20-cr-00228-MHC-JKL Document 256 Filed 10/28/21 Page 5 of 8
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Counsel form. It's on the table.
THE COURT: All right. But Mr. Fayne is entitled to
have representation, but I understand you want to represent
yourself, and that determination has been made that you're
going to be representing yourself in this case?
THE DEFENDANT: That's correct.
THE COURT: All right. Do you want to sign the not
guilty plea?
THE DEFENDANT: At this time, I don't want to enter a
plea. If the Court enters one on its own, then --
THE COURT: All right. I will enter a plea of not
guilty on behalf of defendant Fayne in connection with the
superseding indictment in this matter.
Is there any supplemental discovery to be provided to
Mr. Fayne, Mr. Brown?
MR. BROWN: Yes, your Honor. We do have an issue
with discovery.
Russell Phillips, AUSA Russell Phillips sent it to
Mr. Fayne by FedEx and he refused to accept it and returned it
to the government. So I am going to be giving him the
original discovery right now that we sent him. And there will
be supplemental discovery, I believe.
I know that his laptop and his phone were searched.
My understanding is it's voluminous. We would likely need a
hard drive, like a one terabyte hard drive. And I realize
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Case 1:20-cr-00228-MHC-JKL Document 256 Filed 10/28/21 Page 6 of 8
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he's per se, so we'll have to work that out. But there will
be supplemental discovery.
And the government is also requesting reciprocle
discovery.
THE COURT: All right. Let the record reflect
Mr. Brown has tendered discovery to Mr. Fayne on the counsel
table in front of him.
All right. Mr. Brown, is there anything else to take
up this morning on Mr. Fayne's case?
MR. BROWN: Not from the government.
THE COURT: Very good. We are in recess in
Mr. Fayne's case.
(Proceedings were adjourned at 10:36 a.m.)
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Case 1:20-cr-00228-MHC-JKL Document 256 Filed 10/28/21 Page 7 of 8
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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 August 12, 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 27, 2021
s/ JUDITH M. WOLFF, CERTIFIED REALTIME REPORTER
Signature of Transcriber
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Case 1:20-cr-00228-MHC-JKL Document 256 Filed 10/28/21 Page 8 of 8File and source
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