IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

UNITED STATES OF AMERICA, )
) CRIMINAL ACTION
)
vs. ) NO: 1:14-MJ-59
)
APOLLO E. NIDA, )
)
Defendant. )
___________________________________ )

DEFENDANTS UNOPPOSED MOTION TO CONTINUE

COMES NOW Defendant, Apollo E. Nida, by and through undersigned
counsel, and with the stipulation and agreement of counsel for the government,
respectfully requests, pursuant to the Speedy Trial Act, 18 U.S.C. 3161(h)(8), a
30-day continuance of the proceedings in the above-captioned case, stating as
follows:
1. On January 24, 2014, a criminal complaint was issued against Mr.
Nida charging him with embezzlement of government property, in violation of 18
U.S.C. 641; aggravated identity theft, in violation of 18 U.S.C. 1028A; bank
fraud, in violation of 18 U.S.C. 1344; and attempt and conspiracy to commit the
foregoing offenses, in violation of 18 U.S.C. 1349. Any indictment or
information resulting from the charges against the defendant must be filed within
Case l:l4-mj-00059-GGB Document ll Filed 02/l0/l4 Page l of 7
2

30 days of the complaint. 18 U.S.C. 3161(b). Accordingly, any indictment or
information must be filed on or before February 23, 2014.
2. Counsel for Mr. Nida and counsel for the government are scheduled to
meet on the afternoon of Monday, February 10, 2014 to commence discussions
toward a resolution of the allegations.
3. Mr. Nida requests a continuance so that he will have sufficient time to
consult with his counsel, investigate all facts, and continue said discussions with
the government.
4. Counsel for Mr. Nida and counsel for the government have conferred
and have agreed to an extension of time up to and including March 25, 2014,
within which to file an information or indictment.
5. The ends of justice will be served by granting a 30-day continuance,
and those ends outweigh the interests of the public and the defendant in a speedy
trial, because such a continuance will conserve judicial resources and will allow
the parties sufficient time to discuss a potential resolution of this case.
WHEREFORE, Defendant moves this Court for entry of an Order
continuing the proceedings in this case until March 25, 2014.


Case l:l4-mj-00059-GGB Document ll Filed 02/l0/l4 Page 2 of 7
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Respectfully submitted, this 10th day of February, 2014.


CHILIVIS, COCHRAN, LARKINS & BEVER, LLP

/s/ Thomas D. Bever
Georgia Bar No. 055874
Counsel for Defendant,
Apollo E. Nida

3127 Maple Drive, N.E.
Atlanta, GA 30305
Tel: (404) 233-4171
Fax: (404) 261-2842
tbever@cclblaw.com



Case l:l4-mj-00059-GGB Document ll Filed 02/l0/l4 Page 3 of 7
4

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

UNITED STATES OF AMERICA, )
) CRIMINAL ACTION
)
vs. ) NO: 1:14-MJ-59
)
APOLLO E. NIDA, )
)
Defendant. )
___________________________________ )


CERTIFICATE OF COMPLIANCE

I hereby certify, pursuant to L.R. 5.1B and 7.1D of the Northern District of
Georgia, that the foregoing UNOPPOSED MOTION TO CONTINUE complies
with the font and point selections approved by the court in L.R. 5.1B. The
foregoing pleading was prepared on a computer using 14-point Times New Roman
font.
Prepared this 10th day of February, 2014.
CHILIVIS, COCHRAN, LARKINS & BEVER, LLP

/s/ Thomas D. Bever
Georgia Bar No. 055874
Counsel for Defendant,
Appollo E. Nida

3127 Maple Drive, N.E.
Atlanta, GA 30305
Case l:l4-mj-00059-GGB Document ll Filed 02/l0/l4 Page 4 of 7
5

Tel: (404) 233-4171
Fax: (404) 261-2842
tbever@cclblaw.com

































Case l:l4-mj-00059-GGB Document ll Filed 02/l0/l4 Page 5 of 7
6



IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

UNITED STATES OF AMERICA, )
) CRIMINAL ACTION
)
vs. ) NO: 1:14-MJ-59
)
APOLLO E. NIDA, )
)
Defendant. )
___________________________________ )


CERTIFICATE OF SERVICE

I hereby certify that I have electronically filed the foregoing UNOPPOSED
MOTION TO CONTINUE with the Clerk of Court using the CM/ECF system,
which will send electronic notification to the following counsel of record:
Alana R. Black, Esq.
600 Richard B. Russell Federal Bldg.
75 Spring Street, S.W.
Atlanta, Georgia 30303
alana.black@usdoj.gov

This 10th day of February, 2014.
CHILIVIS, COCHRAN, LARKINS & BEVER, LLP

/s/ Thomas D. Bever
Georgia Bar No. 055874
Counsel for Defendant,
Case l:l4-mj-00059-GGB Document ll Filed 02/l0/l4 Page 6 of 7
7

Appollo E. Nida

3127 Maple Drive, N.E.
Atlanta, GA 30305
Tel: (404) 233-4171
Fax: (404) 261-2842
tbever@cclblaw.com





Case l:l4-mj-00059-GGB Document ll Filed 02/l0/l4 Page 7 of 7