United States District Court, E.D. Tennessee, Knoxville
MEMORANDUM AND ORDER
Bruce Guyton United States District Judge
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 January 13, 2020, for a
scheduled pretrial conference and motion hearing on Defendant
Jackson Brown's Motion to Continue [Doc. 37], filed on
December 29, 2020. Assistant United States Attorney Jennifer
Kolman appeared on behalf of the Government. Attorney
Kimberly A. Parton represented Defendant Jaret Axell.
Attorney James H. Varner, Jr., represented Defendant Brown.
Both Defendants were also present.
Brown moves [Doc. 37] the Court to continue the January 28,
2020 trial date to give counsel time to prepare the case for
trial. The Defendant notes that defense counsel is having
knee replacement surgery on December 31, 2019, and
recuperation, to include physical therapy, from this surgery
will consume his time in the weeks leading up to the trial.
The motion relates that counsel has explained to the
Defendant the right to a speedy trial and that all of the
time leading up to the new trial date will be excludable
under the Speedy Trial Act. The motion relates that the
Government does not oppose a trial continuance.
motion hearing, Mr. Varner said that a trial continuance is
necessary for two main reasons. The first is his physical
condition, which currently prevents him from functioning. Mr.
Varner stated that physical therapy is consuming most of his
time and that he cannot sit at a desk or concentrate for more
than thirty minutes consecutively. Mr. Varner said the second
reason is that once he is able to work, he needs additional
time to prepare for trial, given the complex facts of this
case. Ms. Parton moved to join in Defendant Jackson's
Motion to Continue. She said she needs more time to research
and investigate several sentencing enhancements. AUSA Kolman
confirmed that the Government did not oppose the motion. The
parties agreed on a new trial date of May 12, 2020.
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 finds that without
a trial continuance, Defendant Brown would be deprived of the
continuity of counsel. 18 U.S.C. § 3161(h)(7)(B)(iv).
The Court also concludes that continuing the trial for three
and one-half months is necessary in this case in order to
give counsel for both defendants the “reasonable time
necessary for effective preparation.” 18 U.S.C. §
3161(h)(7)(B)(iv). Defense counsel need to research
sentencing enhancements, to interview witnesses, and 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.
37] is GRANTED, and the trial of
this matter is reset to May 12, 2020. The
Court finds that all the time between the filing of Defendant
Brown's motion on December 29, 2019, and the new trial
date of May 12, 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,
motions in limine are due on or before April
27, 2020. The undersigned will hold a final pretrial
conference on April 28, 2020, at 11:00 a.m.
This date will also be the new deadline for concluding plea
negotiations and providing reciprocal discovery. Requests for
special jury instructions shall be filed no later than
May 1, 2020, and shall be supported by
citations to authority pursuant to Local Rule 7.4.
it is ORDERED:
Defendant Brown's Motion to Continue [Doc.
37] is GRANTED. Defendant
Axell's oral motion to join in this motion is also
trial of this case is reset to commence on May 12,
2020, at 9:00 a.m., before the
Honorable Thomas A. Varlan, United States District Judge;
time between the filing of the motion on December 29,
2019, and the new trial date of May 12,
2020, is fully excludable time under the Speedy
Trial Act for the reasons set forth herein;
Motions in limine must be filed on or before
April 27, 2020;
Court will hold a final pretrial conference on April
28, 2020, at 10:00 a.m. This date is also the new
deadline for filing plea agreements in the record and
providing reciprocal discovery; and
Requests for special jury instructions shall be filed no
later than May 1, 2020, and shall be
supported by citations to authority pursuant to Local Rule