Court filing
Criminal Complaint — U.S. v. Maurice… (Doc. 189, 1:20-cr-00228, record 278524)
Filed May 12, 2021 in United States v. Maurice Fayne; one of 156 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2021-05-12 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 189 · 2021-05-12 · Docket on CourtListener
Full text
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.
)
DEFENDANT’S MOTION FOR RELEASE PENDING SENTENCING AND
BOP DESIGNATION
Defendant Maurice Fayne now files this request for this Court to reconsider
the order of detention issued on December 22, 2020 and to release him pending
sentencing and designation. In support whereof, counsel shows the following:
Mr. Fayne was initially charged via complaint on May 12, 2020. Doc. 1.
He voluntarily appeared for arraignment with his retained attorney. Doc. 7. He
was granted a non-surety bond on May 13, 2020, subject to certain conditions.
Docs. 8, 9. Curfew and location monitoring conditions were removed from his
bond conditions on November 9, 2020. Doc. 95. He voluntarily appeared for
arraignment on his superseding indictment on December 17, 2020. Doc. 123. Mr.
Fayne remained on bond with no incidents or allegations of non-compliance until a
petition for revocation was filed with the Court of December 15, 2020. Doc. 120.
The petition alleged:
Case 1:20-cr-00228-MHC-JKL Document 189 Filed 05/12/21 Page 1 of 6
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On November 9, 2020, Jimia Cain a potential witness in the
investigation and or prosecution of Maurice Fayne received a text
from Fayne's number, 501-909-0875, telling her to dismiss her case
against Fayne. On the same day, Cain's attorney. Seth Rosenberg.
received
an
email
from
Fayne's
email
address,
arkansamo@gmail.com. The email advises Rosenberg to dismiss
Cain's case against Fayne or be sued for trespass.
Doc. 120 at 2. Mr. Fayne was arrested on the petition when he voluntarily
appeared for a check-in with his probation officer. The Court then held a hearing
on the motion to revoke Mr. Fayne’s bond on December 22, 2020, and Mr. Fayne
represented himself at the hearing. Doc. 125. His standby counsel was not present
at the hearing to advise him. The Court revoked Mr. Fayne’s bond after finding
that he had contacted a potential witness in this case and that no conditions could
be crafted to ensure he would not contact other witnesses. Doc. 145 at 35. Acting
pro se, Mr. Fayne filed a motion for reconsideration of the Court’s order. Doc.
129. The Court held a hearing on that motion after present counsel was appointed
but, after the parties presented argument, the hearing was continued for another
day. Doc. 156. Defense counsel later cancelled the request for further hearings and
withdrew the request for reconsideration of detention due to on-going plea
negotiations. Doc. 177.
On May 11, 2021, Mr. Fayne pleaded guilty to counts 1-6 of the second
superseding indictment in this case. Doc. 186. At the conclusion of the hearing,
Mr. Fayne requested bond pending sentencing and BOP designation. The district
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court advised that Mr. Fayne should return to the magistrate court to request bond
at this time.
He now asks that he be released subject to this Court’s conditions pending
sentencing and designation to his BOP facility.
ARGUMENT
Under 18 U.S.C. §3143(a), once a person has been found guilty, he is
typically detained unless a judge finds by clear and convincing evidence that the
person is not likely to flee or pose a danger to the safety of any other person or the
community if released.
The history of this case supports Mr. Fayne’s claim that he is not likely to
flee or pose a danger on release. He is a 38-year-old man who has resided in
Georgia since 2017. He has finished several years of college and could find gainful
employment if released for the next several months1. He lives with his girlfriend
in a house that the probation department has already visited and approved as an
appropriate residence while he was on bond. Although the offenses in the case are
serious, he has pleaded guilty and accepted responsibility for his actions. The
crimes at issue are non-violent and there is no allegation that Mr. Fayne used
firearms or weapons in connection with any of the charged crimes.
1
Mr. Fayne’s sentencing date was set for September 8, 2021. It is anticipated
that he would not be designated to a BOP facility for at least 4 weeks after that
date.
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He has now spent 141 days in custody as a result of his bond violation,
which will serve as a deterrent against any future violations. The conditions that
were in place prior to the revocation can assure he will not flee and can ensure the
safety of other persons and the community. He successfully abided by this Court’s
conditions from May 13, 2020 through November 9. 2020. His conditions of
release were even loosened to remove the curfew and location monitoring
conditions in November 2020. Should the Court determine that additional
conditions are necessary, Mr. Fayne will abide by those conditions. Mr. Fayne is
also now represented by counsel that can address any questions he may have about
full compliance with his bond conditions.
Mr. Fayne is requesting release so that he can see a doctor about a shoulder
injury that he has had since October 2019. He received surgery on his shoulder in
2019 and he was supposed to receive a second surgery in 2020, but this was put on
hold due to the Covid-19 pandemic. He has seen a doctor at the Robert A. Deyton
Detention Center and an X-Ray has been taken of his shoulder, but he is awaiting
an appointment with an outside orthopedist. Mr. Fayne would like to see an
outside doctor sooner rather than later and get any surgery he needs before he
enters the BOP system.
Additionally, due to his history of Asthma and use of an inhaler, Mr. Fayne
is at a higher risk for complications due to Covid-19. Mr. Fayne has been issued an
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inhaler at the detention center and he is concerned for his health. He has received
one dose of the Covid-19 vaccine at the facility and he is awaiting the second dose.
Should he be permitted to bond, he could remain in his residence (like the rest of
us) until he can receive the full vaccine. Should he need medical care, he could
receive that care outside of the facility at his own expense, rather than requiring tax
payers to fit the bill for it.
Finally, Mr. Fayne is requesting release so that he can assist his 18-year-old
daughter as she prepares to start college. He would like to see his daughter and
and spend time with his family prior to entering the BOP system. Permitting Mr.
Fayne to be released at this time would also allow him time to organize his day-to-
day household affairs prior to entering the BOP system.
For all of these reasons, Mr. Fayne asks this Court to grant his request for
bond pending sentencing and BOP designation.
Respectfully submitted this 12th day of May 2021.
s/Saraliene S. Durrett
SARALIENE S. DURRETT
Case 1:20-cr-00228-MHC-JKL Document 189 Filed 05/12/21 Page 5 of 6
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CERTIFICATE OF SERVICE
This is to certify that the undersigned has this date electronically filed the
foregoing motion for release pending sentencing and designation 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 12th day of May 2021.
s/Saraliene S. Durrett
SARALIENE S. DURRETT
1800 Peachtree Street
Suite 300
Atlanta, GA 30309
(404) 433-0855
ssd@defendingatl.com
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