USA v. Wilson

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:25-CR-52-KAC-JEM
)
BERNARD ALLEN WILSON, 	)
)
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 Bernard Allen Wilson’s Unopposed Motion to Continue Trial [Doc. 51], which he filed
on September 30, 2026.
Defendant Wilson asks the Court to continue the trial date in his case [Id.]. In support,
Defendant states he has pending objections to the undersigned’s Report and Recommendation
regarding his motion to suppress evidence [Id. ¶ 5]. Defendant explains that the Court’s ruling on
his objections is “highly material” to his case evaluation, trial preparation, and the ongoing plea
negotiations between the parties [Id. ¶¶ 5–6]. Defendant states the parties need additional time for
the ruling and for his counsel to properly advise Defendant on how the ruling impacts his trial
posture [Id. ¶ 6]. Defendant also states a continuance will allow him sufficient time to make a fully
informed decision regarding a potential plea or to adequately prepare for trial [Id. ¶ 10]. Defendant
waives his speedy trial rights in connection with his requested continuance [Id. ¶ 8]. Defendant
also states that the Government does not oppose his request [Id. ¶ 11].
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
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outweighs the interests of the defendants 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, Defendant’s counsel and counsel for the Government need
additional time to await the Court’s decision on his objections to the Report and Recommendation
[Doc. 30] on Defendant’s motion to suppress, continue working toward a resolution, and, if
necessary, prepare for trial. The Court finds that this cannot occur before the October 20, 2026
trial date.
The Court therefore GRANTS Defendant’s 	Unopposed Motion to Continue Trial
[Doc. 51]. The trial date is reset to January 12, 2027. 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 September 30, 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 Unopposed Motion to Continue Trial [Doc. 51] is
GRANTED;
(2) 	the 	trial 	date 	is 	reset 	to 	commence 	on 	January 	12, 	2027,
at 	9:00 	a.m., 	before 	the 	Honorable 	Katherine 	A. 	Crytzer,
United States District Judge;
(3) 	all time between the filing of the motion on September 30, 2026,
and the new trial date of January 12, 2027, 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 December 11, 2026;
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(5) 	the deadline for filing motions in limine is December 28, 2026, and
responses to motions in limine are due on or before January 5,
2027;
(6) 	the parties are to appear before the undersigned for a final pretrial
conference on December 29, 2026, at 11:30 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
January 4, 2027.
IT IS SO ORDERED.
ENTER:
____________________________
Jill E. McCook
United States Magistrate Judge
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