United States District Court, E.D. Tennessee, Knoxville
MEMORANDUM AND ORDER
C.
CLIFFORD SHIRLEY, JR. UNITED STATES MAGISTRATE JUDGE
All
pretrial motions in this case have been referred to the
undersigned pursuant to 28 U.S.C. § 636(b) for
disposition or report and recommendation regarding
disposition by the District Court as may be appropriate. The
parties came before the Court on December 12, 2017, for a
scheduled pretrial conference and motion hearing on the
Motion by Defendant Jamie Cook for Permission to File Late
Motions through the Setting of a New Motion Deadline and to
Permit Extension of Plea Deadline, Pretrial Conference, and
Trial [Doc. 21], filed on November 30, 2017. Assistant United
States Attorney Anne-Marie Svolto appeared on behalf of the
Government. Attorney Stephen G. McGrath represented Defendant
Cook, and Attorney Donny M. Young represented Defendant
Holder. Both Defendants were also present.
Defendant
Cook asks the Court to continue the January 10, 2018 trial
date and all other deadlines in the case to allow new counsel
for Defendant Cook time to complete his review of discovery,
to investigate the facts of this case, to research and
prepare pretrial motions, and to confer with Defendant Cook.
Defendant states that he may be filing a motion to suppress
evidence. At the December 12 hearing, Mr. McGrath said that
the Court substituted him as Defendant Cook's attorney
after the expiration of the motion deadline. He stated that
Defendant Cook wanted him to look into a number of issues and
that he was hiring a private investigator to assist with the
investigation of this case. Mr. McGrath also said that
Defendant Cook wanted to have a detention hearing, which the
Court scheduled for December 21, 2017, at 10:00 a.m. Finally,
Mr. McGrath noted that the third codefendant charged in this
case had yet to be brought before the Court and argued that
continuing the trial date and other deadlines would
potentially allow all three Defendants to proceed to trial
together. The Court questioned Defendant Cook, who said he
agreed with his attorney's request to continue the
January 10 trial date.
AUSA
Svolto said the Government did not object to the requested
continuance. Mr. Young stated that Defendant Holder also had
no objection to a trial continuance. The parties agreed on a
new trial date of July 10, 2018.
The
Court finds the motion to continue to be well-taken and
unopposed by the Government and Defendant Holder. The Court
also finds that the ends of justice served by granting a
continuance outweigh the interest of the Defendants and the
public in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
Specifically, the Court finds that counsel for Defendant Cook
needs additional time to confer with his client, review
discovery, prepare and litigate pretrial motions, and
investigate the facts of the case in order to provide
competent representation to Defendant Cook. Defendant Cook
wants to file a motion to suppress evidence. See 18
U.S.C. § 3161(h)(1)(D) (excluding time during which a
motion is pending). The Court will hold a hearing on all
pending pretrial motions on February 16, 2018, at 1:30 p.m.
After that hearing, the Court will need time to prepare a
report and recommendation on the motion, the parties will
need time to file and respond to objections, and the District
Judge will need time to rule on the motion in light of the
report and objections. See 18 U.S.C. §
3161(h)(1)(H) (excluding up to thirty days during which the
court has a motion under advisement). After they receive a
ruling on the motion, the parties will need time to prepare
for trial in light of that ruling. The undersigned finds that
all of this could not occur prior to the January 10 trial
date or in less than seven months.
Thus,
the Court finds that Defendant Cook cannot be ready for trial
by January 10, 2018, and the failure to grant a continuance
would deprive defense counsel of the reasonable time
necessary to prepare for trial despite his use of due
diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).
The Court also finds that Defendant Holder did not object to
the trial continuance, that no motion to sever has been
filed, and that the seven-month delay needed by Defendant
Cook is reasonable. Thus, the Court finds that this delay is
also attributable to Defendant Holder. See 18 U.S.C.
§ 3161(h)(6) (excluding a reasonable delay required by a
codefendant, when no motion to sever has been filed).
Accordingly,
Defendant Cook's motion to continue [Doc.
21] is GRANTED. The trial of this
matter is reset to July 10, 2018. The Court
also finds that all the time between the filing of the
instant motion on November 30, 2017, and the new trial date
of July 10, 2018, is fully excludable time under the Speedy
Trial Act for the reasons set forth above. See 18
U.S.C. § 3161(h)(1)(D), -(1)(H), -(6), &-
(7)(A)-(B). With regard to further scheduling in this case,
pretrial motions are due on or before February 1,
2018, with responses due on or before
February 14, 2018. The parties are to appear
before the Court for a motion hearing on all pending pretrial
motions on February 16, 2018, at 1:30 p.m.
The deadline for concluding plea negotiations and providing
reciprocal discovery is extended to June 11,
2018. The parties are to appear before the Court for
a pretrial conference on June 15, 2018 at 9:30
a.m. In addition, the Court instructs the parties
that all motions in limine must be filed no later
than June 25, 2018. Finally, special
requests for jury instructions shall be submitted to the
District Judge no later than June 29, 2018,
and shall be supported by citations to authority pursuant to
Local Rule 7.4.
Therefore,
it is ORDERED:
(1) The Motion by Defendant Jamie Cook for Permission to File
Late Motions through the Setting of a New Motion Deadline and
to Permit Extension of Plea Deadline, Pretrial Conference,
and Trial [Doc. 21] is
GRANTED;
(2) The trial of this matter is reset to commence on
July 10, 2018, at 9:00 a.m., before the
Honorable R. Leon Jordan, United States District Judge;
(3) All time between the filing of the instant motion on
November 30, 2017, and the new trial date of
July 10, 2018, is fully excludable time
under the Speedy Trial Act for the reasons set forth herein;
(4) The Court will hold a detention hearing for Defendant
Cook on December 21, 2017, at 10:00 a.m.;
(5) Pretrial motions are due on or before February 1,
2018, and responses are due on or before
February 14, 2018;
(6) The parties are to appear before the Court for a motion
hearing on February 16, ...