United States District Court, E.D. Tennessee, Knoxville
MEMORANDUM AND ORDER
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 case came before the Court on October 30, 2019, for a
scheduled pretrial conference and motion hearing on Defendant
Dusty Oliver's Motion to Continue Trial and All Other
Deadlines [Doc. 20], filed on October 4, 2019. Assistant
United States Attorney Jennifer Kolman appeared on behalf of
the Government. Assistant Federal Defender Benjamin G. Sharp
represented Defendant Richard Graham. Attorney Stephen G.
McGrath represented Defendant Oliver. Both Defendants were
Oliver moves the Court to continue the November 12, 2019
trial date and the schedule in this case to give counsel more
time to resolve pretrial matters. The motion states that
defense counsel needs additional time to evaluate the need
for pretrial motions and to prepare for trial. The motion
relates that Defendant Oliver is waiving his speedy trial
rights and that the Government does not oppose the requested
motion hearing, Mr. McGrath stated that in the weeks after he
filed the motion, the parties have been working on an agreed
resolution of the case. He said that he anticipated that the
case would be resolved in the near future. He affirmed that
Defendant Oliver is waiving his speedy trial rights. Mr.
Sharp moved to join in the motion to continue. He stated that
Defendant Graham is also waiving his speedy trial rights in
relation to the motion.
Kolman stated that the Government does not object to a trial
continuance. She stated that her supervisor approved plea
agreements for both Defendants this morning and that she
would be forwarding the plea agreements to defense counsel.
The parties agreed on a new trial date of April 28, 2020.
Court granted Defendant Graham's oral motion to join in
the motion to continue. The Court finds the Defendants'
joint motion to continue the trial to be unopposed and well
taken. It also finds that the ends of justice served by
continuing the trial outweigh the interest of the Defendants
and the public in a speedy trial. 18 U.S.C. §
3161(h)(7)(A). The Court concludes that continuing the trial
is necessary in this case in order to give counsel the
“reasonable time necessary for effective
preparation.” 18 U.S.C. § 3161(h)(7)(B)(iv).
Counsel need additional time to complete a negotiated
resolution of the case and, if no agreement is reached, to
prepare for trial. Accordingly, the Court finds that a trial
continuance is warranted for counsel to have the reasonable
time necessary to prepare for trial, despite their use of due
diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).
unopposed, joint motion to continue the trial [Doc.
20] is GRANTED, and the trial of
this matter is reset to April 28, 2020. The
Court finds that all the time between the filing of the
motion on October 4, 2019, and the new trial date of April
28, 2020, is fully excludable time under the Speedy Trial Act
for the reasons set forth herein. See 18 U.S.C.
§ 3161(h)(1)(D) & (7)(A)-(B). With regard to other
scheduling in this case, the undersigned will hold a final
pretrial conference on April 13, 2020, at 11:00
a.m. This date will also be the new deadline for
concluding plea negotiations and providing reciprocal
discovery. Motions in limine are due on or before
April 13, 2020. Special requests for jury
instructions shall be filed no later than April 17,
2020, and must be supported by citations to
authority pursuant to Local Rule 7.4.
it is ORDERED:
(1) Defendant Graham's oral motion to join in the Motion
to Continue the Trial and All Other Deadlines is
(2) The joint Motion to Continue the Trial and All Other
Deadlines [Doc. 20] is also
(3) The trial of this case is reset to commence on
April 28, 2020, at 9:00
a.m., before the Honorable Thomas A. Varlan, United
States District Judge;
(4) All time between the filing of the motion to continue on
October 4, 2019, and the
new trial date of April 28, 2020, is fully
excludable time under the Speedy Trial Act for the reasons
set forth herein;
(5) The undersigned will hold a final pretrial conference on
April 13, 2020, at 11:00
a.m. This date is also the new deadline for filing
plea agreements, providing reciprocal discovery, and filing
motions in limine; and
(6) Special requests for jury instructions must be filed no
later than April 17, 2020, and shall be
supported by citations to authority pursuant to Local Rule