USA v. White, et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:24-CR-27-KAC-JEM
)
CLIFFORD WHITE and EBONY MOODY, 	)
)
Defendants. 	)
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 Clifford White’s Unopposed Motion to Continue Plea Deadline and Trial [Doc. 43] and
Defendant Ebony Moody’s motion to adopt this motion [Doc. 44], both filed on May 1, 2026.
Defendant White asks the Court to continue by sixty days the plea deadline and the
June 2, 2026 trial date [Id. at 1]. As grounds, Defendant asserts his counsel and the Government
are “engaged in productive, ongoing” plea negotiations [Id. ¶ 1]. Defendant also states that he is
attempting to retain new defense counsel [Id. ¶ 1]. 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. ¶ 3]. Defendant informs the Court that counsel for the Government
and Defendant Ebony Moody have been made aware of the request but he does not state their
positions [Id. ¶ 4].
Defendant Moody moves to join in the motion to continue [Doc. 44 p. 1]. She also requests
a sixty-day continuance of the trial date because like Defendant White, she is also actively engaged
in plea negotiations [Doc. 47 ¶ 1]. Defendant Moody states that she understands the time between
Case 3:24-cr-00027-KAC-JEM Document 48 Filed 05/08/26 Page 1 of 3 PageID
#: <pageID>

2
the filing of Defendant White’s motion for a continuance and the new trial date is excluded for
speedy trial purposes [Id. ¶ 2].
The Government responded that it does not object to Defendant White’s motion to continue
or to Defendant Moody’s motion to join in that motion [Doc. 46 p. 1]. Nor does it object to a trial
continuance, observing that “[a]s plea negotiations continue, granting a final continuance in this
case will provide the parties with an opportunity to make a full resolution of all matters against the
defendants” [Id.]. The Government also agrees that the delay caused by the continuance is fully
excludable under the Speedy Trial Act [Id.].
Based upon the information in Defendants’ motions 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 	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 both Defendants 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 White is looking for new counsel and both
defendants 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 June 2, 2026 trial date.
The Court therefore GRANTS Defendant White’s Unopposed Motion to Continue Plea
Deadline and Trial [Doc. 43] and Defendant Moody’s Motion to Adopt Motion to Continue Trial
and All Other Deadlines [Doc. 44]. The trial date is reset to September 1, 2026. A new schedule
is included below. Because the Court has found that the ends of justice served by granting a
Case 3:24-cr-00027-KAC-JEM Document 48 Filed 05/08/26 Page 2 of 3 PageID
#: <pageID>

3
continuance outweigh the interests of Defendants and the public in a speedy trial, all time between
the filing of the motions on May 1, 2026, and the new trial date is fully excludable 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 White’s Unopposed Motion to Continue Plea Deadline
and Trial [Doc. 43] and Defendant Moody’s Motion to Adopt
Motion to Continue Trial and All Other Deadlines [Doc. 44] are
GRANTED;
(2) 	the trial date is reset to commence on September 1, 2026,
at 	9:00 	a.m., 	before 	the 	Honorable 	Katherine 	A. 	Crytzer,
United States District Judge;
(3) 	all time between the filing of the motions on May 1, 2026, and the
new trial date of September 1, 2026, is fully excludable 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 July 31, 2026;
(5) 	the deadline for filing motions in limine is August 17, 2026, and
responses to motions in limine are due on or before August 25,
2026;
(6) 	the parties are to appear before the undersigned for a final pretrial
conference on August 18, 2026, at 11:00 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
August 21, 2026.
IT IS SO ORDERED.
ENTER:
____________________________
Jill E. McCook
United States Magistrate Judge
Case 3:24-cr-00027-KAC-JEM Document 48 Filed 05/08/26 Page 3 of 3 PageID
#: <pageID>