Order — United States v. Maurice Fayne (Dkt. 110, N.D. Ga. No. 1:20-cr-00228)

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An order dated the 30th day of November, 2020 and filed 11/30/20 as Document 110 in United States v. Maurice Fayne and Daniel Eric Jay, Criminal Action File No. 1:20-CR-228-MHC-JKL in the U.S. District Court for the Northern District of Georgia, signed by United States Magistrate Judge John K. Larkins III. Because a second superseding indictment had been filed and both defendants were to be arraigned on it on December 17, 2020, the court cancels the December 1, 2020 pretrial conference and grants Jay's motion. It extends the deadline for pretrial motions into January 2021 and reschedules the pretrial conference for Tuesday, January 12, 2021 by Zoom. It excludes the delay under the Speedy Trial Act, finding good cause because the government superseded the indictment.

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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) 
DANIEL ERIC JAY (2) 
 
Defendants. 
 
 
 
 
CRIMINAL ACTION FILE NO. 
 
1:20-CR-228-MHC-JKL 
 
 
 
ORDER 
Defendant Daniel Jay has filed a motion for the continuance of the pretrial 
conference scheduled for December 1, 2020. [Doc. 109.]  A second superseding 
indictment [Doc. 96] has been filed in the above styled case. Defendants Maurice 
Fayne and Daniel Jay are scheduled to be arraigned on December 17, 2020 on the 
second superseding indictment.  Therefore, the pretrial conference scheduled for 
December 1, 2020 is CANCELLED and Defendant Daniel Jay’s motion is 
GRANTED.  Defendant Maurice Fayne and Daniel Jay shall have until January 
Case 1:20-cr-00228-MHC-JKL     Document 110     Filed 11/30/20     Page 1 of 2

 
2 
 
11, 2021 to file any necessary pretrial motions.  The pretrial conference is hereby 
rescheduled to Tuesday, January 12, 2021, at 9:30 a.m.1 
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reason for the delay was for good cause, since the Government superseded the 
indictment.  Therefore, additional time is needed after defendants are arraigned, to 
receive any new discovery, review it and 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 30th day of November, 2020. 
 
___________________________________ 
JOHN K. LARKINS III 
United States Magistrate Judge 
 
 
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 110     Filed 11/30/20     Page 2 of 2

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