Court filing

Motion to Dismiss Indictment as to Mark T. Sargent — United States v. Fayne (N.D. Ga.)

Summary

Government's motion for leave to dismiss the indictment as to defendant Mark T. Sargent, filed June 16, 2021 in United States v. Mark T. Sargent, Criminal Indictment No. 1:20-CR-228-4-MHC-JKL (Second Superseding), in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The motion states that defense counsel informed the government that Sargent died on May 31, 2021. Under Rule 48(a) and United States v. Matta, the government asks leave to dismiss the Second Superseding Indictment as to Sargent only, with the charges remaining against the other defendants. It is submitted by Assistant United States Attorney John Russell Phillips.

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

Filed June 16, 2021 in U.S. v. Fayne; one of 375 filings from this case.

Record facts

Court	U.S. District Court for the Northern District of Georgia
Filed	2021-06-16

Cite this document

“Motion to Dismiss Indictment as to Mark T. Sargent — United States v. Fayne (N.D. Ga.).” U.S. District Court for the Northern District of Georgia, filed 2021-06-16. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-fayne/2021-06-16-motion-dismiss-indictment-sargent/, SHA-256 ed4ae5569db2133493dccbdcc4837c9fbcf9bebb3104339a40578128a14a7eab.

Cited in: Maurice Fayne

Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
UNITED STATES OF AMERICA 
v. 
MARK T. SARGENT 
CRIMINAL INDICTMENT 
NO. 1:20-CR-228-4-MHC-JKL 
(SECOND SUPERSEDING) 
GOVERNMENT’S MOTION FOR LEAVE TO DISMISS INDICTMENT 
AS TO DEFENDANT MARK T. SARGENT 
Defense counsel has informed the government that Defendant Mark T. 
Sargent died on May 31, 2021. Therefore, pursuant to Rule 48(a) of the 
Federal Rules of Criminal Procedure and United States v. Matta, 937 F.2d 
567, 568 (11th Cir. 1991), the government hereby requests leave of court to 
dismiss the Second Superseding Indictment as to Defendant Mark T. Sargent 
only. The government intends for the charges in the Second Superseding 
Indictment to remain intact against the other Defendants. 
Respectfully submitted, 
KURT R. ERSKINE 
Acting United States Attorney 
JOHN RUSSELL PHILLIPS 
Assistant United States Attorney 
Georgia Bar No. 576335 
600 U.S. Courthouse 
75 Ted Turner Drive, SW 
Atlanta, GA 30303 
(404) 581-6000 

2 
 
Certificate of Service 
I hereby certify that, on June 16, 2021, I electronically filed the 
foregoing document with the Clerk of Court using the CM/ECF system. 
 
 
 
 
 
JOHN RUSSELL PHILLIPS 
 
Assistant United States Attorney

File and source

File: 007_ECF_198_gov.uscourts.gand.278523.198.0.pdf
Size: 191,182 bytes
SHA-256: ed4ae5569db2133493dccbdcc4837c9fbcf9bebb3104339a40578128a14a7eab
Our copy: 007_ECF_198_gov.uscourts.gand.278523.198.0.pdf
Original: PACER (login required)