UNITED STATES OF AMERICA v. CLYDE et al

IN THE U NITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
U NITED STATES OF AMERICA,
v .
KANDICE CLYDE and
DEVON RAMBO,
Defendants.
ORDER
CASE NO :
1:25-cr-15-WLS-ALS
B efore the Court is D efendant D evon Rambo's ("Rambo") Consolidated Motion
(Doc . 85) ("Motion") in which he moves for an Order: (1) authorizing counsel to submit a
limited confidential attorney statement ex parte and in camera and maintain it under seal; (2)
continuing the evidentiary competency hearing presently scheduled for September 2, 2026 , at
2:00 p .m. , while retaining that date and time as a status conference; and (3) continuing tl1e
October 	2026 	trial 	setting . 	R ambo 's 	counsel , John 	P hillip 	Cannon , 	represents 	that
G overnment's counsel does not object or takes no position as to R ambo's requests, as
explained 	furtl1er 	below, 	and 	tl1at 	Co -D efendant 	Kandice 	Clyde's 	("Clyde ") 	position
concerning the relief requested in the Motion is unknown at tlus time . The Court addresses
each request in turn.
I. 	SU BMI SS ION OF ATTORNEY STATEMENT EXPARTE AND IN CAMERA
Mr. Cannon states he has information he believes the Court may need to determine the
appropriate procedure and case- management schedule in tlus matter. T lus information
concerns " present attorney-client communication, counsel's firstl1and observations during
consultation , and tl1e practical effect of those circumstances 	upon competency- related
preparation and trial preparation. " (Doc . 85 at 2) . Mr. Cannon states that public disclosure
would unnecessarily expose sensitive information which could reveal defense strategy and
impair the relationship Mr . Cannon is attempting to preserve. (I d). H e requests tl1e Court
authorize ex parte, in camera submission of his limited statement, maintain the statement
under seal, excuse service unless tl1e Court orders other,.,vise, and afford him an opportunity
1
Case 1:25-cr-00015-WLS-ALS Document 86 Filed 08/24/26 Page 1 of 4

to withdraw or redact the statement before any public disclosure or disclosure to another party.
Mr . Cannon clarifies that the Government lack of objection is limited to him making the
request to submit his statement ex parte and in camera, and he does not characterize the
G overnment's position as authorizing an ex parte communication, waiving any right to request
disclosure, or to participate in deciding the procedure the Court should employ .
For good cause shown as discussed above, and as set forth in the Motion (Doc. 85) at
2), R ambo's request for Mr . Cannon to submit an ex parte, in camera, limited statement is
GRANTED . On or before Wednesday, August 26, 2026 , Mr . Cannon shall submit such
statement in compliance with the Middle D istrict of Georgia L ocal Rules and seal- document
procedures . Upon receipt and review, the Court will consider whether any notice or further
action is necessary or required and will issue the appropriate order .
II . 	CO N TINUATION OF COMPETEN CY HEARING AND SETTING STATUS
CO N FEREN CE
R ambo requests a continuance of the September 2, 2026 competency hearing because
Mr . Cannon requires additional time to review the competency evaluation with Rambo,
determine whether further records or expert consultation are needed, and assess Rambo's
present ability to assist in his defense . Mr . Cannon's proposed confidential statement contains
particulars 	regarding 	Mr . 	Cannon's 	"significant 	difficulty 	maintaining 	sustained
communication with [Rambo] above the pending charge and trial preparation." (D oc . 85 at 3).
The G overnment does not object to changing the scheduled competency hearing to a status
conference .
For good cause shown as discussed above, and as set forth in the Motion (Doc. 85) at
2-3), Rambo's request that the competency hearing be continued and that a status conference
be set in its place is GRANTED .
Accordingly, 	the 	competency 	hearing 	scheduled 	for 	September 	2, 	2026, 	is
CANCELLED and this matter is set for a status conference on Wednesday , September 2,
2026, at 2:00 p.m.
Ill. 	CO N TINUANCE OF CASE FROM THE OCTOBER 2026 ALBANY TRIAL TERM
Rambo requests a continuance of this case because communications between Rambo
and Mr . Cannon have been delayed during the time R ambo was in California for a competency
2
Case 1:25-cr-00015-WLS-ALS Document 86 Filed 08/24/26 Page 2 of 4

evaluation . Mr . Cannon also states that Rambo has recently identified new factual assertions,
potential evidence and investigative issues that need to be examined, as well as additional trial
preparation tl1at must be completed as described in the Motion (Doc . 85 at 3-4). Mr. Cannon
represents that the Gov ernment takes no position on the request to continue the trial and Co -
D efendant Clyde's position is unknown .
Rambo states that the delay attributable to proceedings concerning mental competency
are excluded from the calculation of the Speedy Trial Act deadline under 18 U.S.C. §
316101)(1)(A ), and that an ends - of-justice continuance is appropriate under § 3161~)(7)(A)
and (B)(iv) because denial of additional time would deprive counsel of the reasonable time
necessary for effective preparation despite due diligence and could produce an unreliable
competency determination or inadequately prepared trial.
Furtl1er, as to Co -D efendant Clyde, § 316101)(6) excludes "[a] reasonable period of
delay when tl1e defendant is joined for trial with a codefendant as to whom the time for trial
has not run and no motion for severance has been granted." The R ecord reflects that Rambo
and Cly de are currently joined for trial and no motion for severance has been granted .
B ased on tl1e foregoing, the Court finds that the ends of justice served by granting a
continuance outweigh the best interests of the public and D efendants Rambo and Cly de in a
speedy trial. 18 U .S.C. § 316101)(7)(A) -(B). Therefore, tl1e request to continue the trial of this
matter from the October 2026 Albany T rial T erm (Doc . 85 at 3-4) is GRANTED .
The Court hereby 	ORDERS 	that the trial in the above - referenced 	matter be
CONTINUED to the Albany Division January 2027 T rial Term and its conclusion , or as
may otherwise be ordered by the Court.
It is further ORDERED that the time l ost under the Speedy T rial Act, 18 U.S.C. §
3161 , be EXCLU DED pursuant to 	(1) 	§ 316101)(1)(A) 	for any delay attributable to
proceedings concerning the mental competency of R ambo; (2) § 316101)(6) because the delay
is reasonable, and the D efendants Rambo and Clyde are joined for trial and no motion for
severance has been granted; and (3) § 3161~)(7) (B)(i) , (iv) because tl1e Court has continued
tl1e trial in this case and finds tl1at the failure to grant a continuance would likely result in a
miscarriage of justice and would deny counsel for R ambo the reasonable time necessary for
effective preparation despite due diligence.
3
Case 1:25-cr-00015-WLS-ALS Document 86 Filed 08/24/26 Page 3 of 4

IV. 	CO N CLUSION
Accordingly, D efendant D evon R ambo's ("R ambo ") Consolidated Motion (Doc . 85)
is GRANTED.
SO ORDERED , this 24th day of August 2026.
/s /W. Louis Sands
W. LOUIS SANDS, SR. JUDGE
U NITED STATES DISTRICT COURT
4
Case 1:25-cr-00015-WLS-ALS Document 86 Filed 08/24/26 Page 4 of 4