USA v. Stewart Jr.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:25-CR-114-TAV-JEM
)
DOUGLAS LEE STEWART, JR., 	)
)
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’s Motion to Continue Trial [Doc. 14], which he filed on January 5, 2026.
Defendant asks the Court to continue the trial associated with this matter [Id. at 1]. In
support of his motion, Defendant asserts his counsel has been involved in a good faith effort to
resolve his case, but despite due diligence, additional time will be required to resolve certain issues
to facilitate a fair and reasonable potential plea agreement [Id. ¶ 2]. Defendant also states a
continuance will provide the parties an opportunity to make a full resolution of the case and will
serve the ends of justice in that the need for additional time to properly prepare the case outweighs
the interests of the public and Defendant in a speedy trial [Id. ¶ 3]. Defendant understands his right
to a speedy trial and that the time between the filing of the motion and the new trial date will be
excluded from his speedy trial calculation [Id. ¶ 4].
On January 8, 2026, the Government filed a notice indicating that it does not oppose the
motion and does not oppose a continuance of the trial and plea deadline in this case [Doc. 16].
Based upon the information in Defendant’s motion and because the Government does not
oppose the continuance, the Court finds the ends of justice served by granting a continuance
Case 3:25-cr-00114-TAV-JEM Document 17 Filed 01/15/26 Page 1 of 3 PageID
#: <pageID>

2
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 failing to grant a continuance would both
result in a miscarriage of justice and deny counsel for Defendant the reasonable time necessary for
effective preparation, taking into account the exercise of due diligence. See id. § 3161(h)(7)(B)(i),
(iv). Specifically, the parties need additional time to conclude plea negotiations and, if plea
negotiations are not fruitful, the parties will need time to prepare the case for trial. The Court finds
that this cannot occur before the January 27, 2026 trial date.
The Court therefore GRANTS Defendant’s Motion to Continue Trial [Doc. 14]. The trial
date is reset to May 12, 2026. A new, comprehensive trial 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 of the time between the filing of the motion on
January 5, 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, it is ORDERED as follows:
(1) 	Defendant’s Motion to Continue Trial [Doc. 14] is GRANTED;
(2) 	the 	trial 	date 	is 	reset 	to 	commence 	on 	May 	12, 	2026,
at 	9:00 	a.m., 	before 	the 	Honorable 	Thomas 	A. 	Varlan,
United States District Judge;
(3) 	all time between the filing of the motion on January 5, 2026, and
the new trial date of May 12, 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 10, 2026;
(5) 	the deadline for filing motions in limine is April 27, 2026, and
responses to motions in limine are due on or before May 5, 2026;
Case 3:25-cr-00114-TAV-JEM Document 17 Filed 01/15/26 Page 2 of 3 PageID
#: <pageID>

3
(6) 	the parties are to appear before the undersigned for a final pretrial
conference on April 28, 2026, at 10:30 a.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 1, 2026.
IT IS SO ORDERED.
ENTER:
________ ___________________
Jill E. McCook
United States Magistrate Judge
Case 3:25-cr-00114-TAV-JEM Document 17 Filed 01/15/26 Page 3 of 3 PageID
#: <pageID>