USA v. Glenn

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:24-CR-107-KAC-JEM
)
ANTHONY GLENN, 	)
)
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 Anthony Glenn’s Motion to Continue Trial Date [Doc. 52], which he filed on June 2,
2026.
Defendant asks the Court to continue the July 21, 2026 trial date [Id. at 1]. In support of
his motion, Defendant states he is awaiting a ruling on his motion to suppress evidence
[Id. ¶¶ 1–2, 4]. He observes that on May 22, 2026, the undersigned filed a Report and
Recommendation on his suppression motion [Id. ¶ 2]. Defendant contends that “[d]efense counsel
will need to commit a substantial amount of time to respon[d] to the Report and Recommendation
and will need time to prepare for trial” [Id. ¶ 4]. In this regard, Defendant has requested [Doc. 51]
and the District Judge granted an extension of time to file objections to the Report and
Recommendation to August 4, 2026 [Doc. 53]. Defendant, who is on conditional release pending
trial, has previously asserted “no issue” with a trial continuance to allow for litigation of his late-
filed suppression motion [Doc. 40 pp. 5, 7]. The Government does not oppose the requested
continuance [Doc. 52 ¶ 5].
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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
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, even accounting for the exercise of due diligence. See id. § 3161(h)(7)(B)(i),
(iv). In this regard, on December 2, 2025, Defendant filed a dispositive motion seeking to suppress
evidence seized during a stop of his vehicle [Doc. 32]. This motion was filed eleven months after
the expiration of the pretrial motion deadline on January 3, 2025 [See Doc. 40 pp. 2, 6]. The
undersigned agreed to hear the untimely motion over the Government’s objection on January 26,
2026 [Id. at 8]. See id. § 3161(h)(1)(D). The undersigned held an evidentiary hearing on the motion
on March 5, 2026 [Doc. 47] and has prepared a Report and Recommendation [Doc. 50]. Defendant
requested and received additional time to object to the Report and Recommendation by August 4,
2026 [Doc. 53].1 Thereafter, the Government will need time to respond to objections, and the
District Judge will need time to rule on the suppression motion considering the Report and
Recommendation and the parties’ filings. See id. § 3161(h)(1)(H). After receiving a ruling on the
suppression motion, the parties will need time to prepare for trial or a negotiated resolution in light
of the Court’s rulings. See id. § 3161(h)(1)(D) & (h)(1)(H). The Court finds that all of this cannot
occur before the July 21, 2026 trial date.
1 	The Government filed a Notice of No Objections to Report and Recommendation
[Doc. 54].
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The Court therefore GRANTS Defendant Glenn’s Motion to Continue Trial [Doc. 52].
The trial of this case is reset to November 17, 2026. A new schedule is included below. Because
the Court finds 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 motion on June 2,
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)(1)(H), (h)(7)(A)–(B).
Accordingly, the Court ORDERS as follows:
(1) 	Defendant’s 	Motion 	to 	Continue 	Trial 	Date 	[Doc. 	52] 	is
GRANTED;
(2) 	the trial of this matter is reset to commence on November 17, 2026,
at 9:00 a.m., before the Honorable Katharine A. Crytzer, United
States District Judge;
(3) 	all time between the filing of the motion on June 2, 2026, and the
new trial date of November 17, 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 October 16, 2026;
(5) 	the deadline for filing motions in limine is November 2, 2026, and
responses to motions in limine are due on or before November 10,
2026;
(6) 	the parties are to appear before the undersigned for a final pretrial
conference on November 3, 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
November 6, 2026.
IT IS SO ORDERED.
ENTER:
___________________________ _
Jill E. McCook
United States Magistrate Judge
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