Government's Response to Defendant's Objections to Government's Rule 404(b) Notice — United States v. Bernard Okojie

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      Case 4:22-cr-00084-LGW-BWC      Document 58     Filed 01/30/23   Page 1 of 3




                      UNITED STATES DISTRICT COURT
                      SOUTHERN DISTRICT OF GEORGIA
                           SAVANNAH DIVISION

UNITED STATES OF AMERICA                      )
                                              )
               v.                             ) Case No. 4:22-CR-084
                                              )
BERNARD OKOJIE                                )


 GOVERNMENT’S MOTION FOR LEAVE TO FILE LATE RESPONSE TO
DEFENDANT’S OBJECTIONS TO GOVERNMENT’S RULE 404(B) NOTICE

        COMES NOW the United States of America, by and through David H. Estes,

United States Attorney for the Southern District of Georgia, and the undersigned

Assistant United States Attorney, and requests permission to file the attached

Response to Defendant’s Objections to Government’s Rule 404(b) Notice. (Exhibit

A).

        On December 23, 2022, the court ordered Defendant to file any objections to

the Government’s Rule 404(b) notice on or before January 13, 2023. (Doc. 54). The

court further ordered the Government to file its response to any objections within 14

days from the date Defendant filed his objections. (Id.). Defendant filed his

objections timely on January 9, 2023. (Doc. 56). Thus, the Government’s response to

those objections was due on or before January 23, 2023. Undersigned counsel

recently appeared in this case to replace departing Assistant United States

Attorney Jonathan Porter. (Docs. 49, 50, 51). The undersigned, due to a lack of

familiarity with the case, incorrectly believed that Judge Wood’s order adopting the

Report and Recommendation in this case eliminated the need for the Government to



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   Case 4:22-cr-00084-LGW-BWC          Document 58      Filed 01/30/23   Page 2 of 3




file a response to Defendant’s objections. (Doc. 57). On January 30, 2023, the

undersigned recognized her mistake and is now seeking leave to file a late response

to Defendant’s objections.

      The undersigned communicated with counsel for Defendant on January 30,

2023 and he does not oppose this motion. The Government respectfully submits

that, given the nature of the Government’s response and the fact that the case has

not yet been set for trial, Defendant will not be prejudiced by the late filing of the

Government’s Response.

      Respectfully submitted this 30th day of January 2023.


                                         DAVID H. ESTES
                                         UNITED STATES ATTORNEY

                                         s/ Jennifer A. Stanley
                                         Jennifer A. Stanley
                                         Alabama Bar No. 8400E77T
                                         Assistant United States Attorney
                                         United States Attorney’s Office
                                         Southern District of Georgia
                                         P.O. Box 2017
                                         Augusta, Georgia 30903
                                         T: (706) 826-4525
                                         jennifer.stanley@usdoj.gov




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   Case 4:22-cr-00084-LGW-BWC           Document 58       Filed 01/30/23   Page 3 of 3




                            CERTIFICATE OF SERVICE

       This is to certify that I have on this day served all parties in this case in

accordance with the notice of electronic filing (“NEF”) which was generated as a

result of electronic filing in this Court.

       Respectfully submitted this 30th day of January 2023.


                                             DAVID H. ESTES
                                             UNITED STATES ATTORNEY

                                             s/ Jennifer A. Stanley
                                             Jennifer A. Stanley
                                             Alabama Bar No. 8400E77T
                                             Assistant United States Attorney
                                             United States Attorney’s Office
                                             Southern District of Georgia
                                             P.O. Box 2017
                                             Augusta, Georgia 30903
                                             T: (706) 826-4525
                                             jennifer.stanley@usdoj.gov




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