USA v. McClure, et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:24-CR-129-TAV-DCP
)
DEONTE A. RILEY and 	)
KENTRALE MCCLURE, 	)
)
Defendant. 	)
MEMORANDUM AND ORDER
All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C.
§ 636(b) for disposition or recommendation as appropriate. This case is before the Court on
Defendant Deonte A. Riley’s Motion to Continue Trial and All Related Deadlines [Doc. 45], filed
on January 23, 2026.
Defendant Riley asks the Court to continue the current trial date, which is set for February
24, 2026, and all related deadlines [Id.]. In support of his motion, Defendant states that his counsel
has been in good contact with the Government [Id. ¶ 1]. Defendant represents that negotiations
have been productive, and if a plea agreement is reached, it will allow the Government to avoid
preparing for trial and allow the Government and the Court to allocate their resources efficiently
[Id. ¶ 2]. Defendant’s counsel submits that the requested continuance best serves the ends of justice
[Id. ¶ 3]. The motion reflects that the Government is aware of this motion and does not oppose the
need for the requested continuance [Id. ¶ 4]. Defendant’s counsel confirmed to the Court via email
that Defendant understands his speedy trial rights and waives those rights for the purposes of
continuing trial.
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Codefendant Kentrale McClure filed a Response to Defendant Riley’s Motion to Continue
and stated he was not opposed to the motion, and is aware of his speedy trial rights [Doc. 48 p. 1].
Based upon the information contained in the motion and because the Government and
Codefendant McClure do not oppose the continuance, the Court finds the ends of justice served by
granting a continuance outweigh the interests of Defendant and the public in a speedy trial. See 18
U.S.C. § 3161(h)(7)(A). In making this determination, the Court has considered the factors set
forth in 18 U.S.C. § 3161(h)(7)(B). Specifically, the Court concludes that not granting a
continuance would both result in a miscarriage of justice and deny counsel for Defendant the
reasonable time necessary for effective preparation, accounting for the exercise of due diligence.
See id. § 3161(h)(7)(B)(i), (iv). Counsel for Defendant needs time to work towards a resolution of
the case, and if that is not successful, otherwise prepare for trial. The Court finds that all of this
cannot occur before the February 24, 2026 trial date.
The Court therefore GRANTS Defendant Deonte A. Riley’s Motion to Continue Trial and
All Related Deadlines [Doc. 45]. The trial of this case is reset to May 19, 2026. A new schedule
is included below. Because the Court has found that the ends of justice served by granting a
continuance outweigh the interests of Defendant and the public in a speedy trial, all time between
the filing of the initial motion on January 23, 2026, and the new trial date is fully excludable time
under the Speedy Trial Act. See 18 U.S.C. § 3161(h)(1)(D), (h)(7)(A)–(B).
Accordingly, the Court ORDERS as follows:
(1) 	Defendant Deonte A. Riley’s Motion to Continue Trial and All
Related Deadlines [Doc. 45] is GRANTED;
(2) 	the trial of this matter is reset to commence on May 19, 2026, at
9:00 a.m., before the Honorable Thomas A. Varlan, United States
District Judge;
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(3) 	all time between the filing of the motion on January 23, 2026, and
the new trial date of May 19, 2026, is fully excludable time under
the Speedy Trial Act for the reasons set forth herein;
(4) 	the deadline for filing a plea agreement in the record and providing
reciprocal discovery is April 17, 2026;
(5) 	the deadline for filing motions in limine is May 4, 2026, and
responses to motions in limine or due on or before May 12, 2026;
(6) 	the parties are to appear before the undersigned for a final pretrial
conference on May 5, 2026, at 1:00 p.m.; and
(7) 	requests for special jury instructions with appropriate citations to
authority pursuant to Local Rule 7.4 shall be filed on or before
May 8, 2026.
IT IS SO ORDERED.
ENTER:
_______________________________________
Debra C. Poplin
United States Magistrate Judge
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