USA v. McCoy

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:25-CR-109-KAC-DCP
)
MARCWELL MACK MCCOY, 	)
)
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 Marcwell Mack McCoy’s Unopposed Motion to Continue Plea Deadline and Trial
[Doc. 16], filed on November 24, 2025.
Defendant requests the Court to continue the plea deadline, set for November 26, 2025,
and the trial date, set for December 30, 2025, for approximately thirty days [Id. at 1–2]. In support
of his motion, Defendant states that he had his initial appearance on October 21, 2025, and was
assigned counsel [Id. ¶ 1]. The Government anticipates providing Defendant with additional
discovery [Id. ¶ 2]. Defendant represents his counsel is in good communication with the
Government regarding this case, but requires additional time to negotiate a potential resolution [Id.
¶ 3]. Defendant’s motion reflects that the Government does not oppose the continuance [Id. ¶ 5].
Defendant’s counsel confirmed via email to the Court that Defendant had been advised of his right
to a speedy trial, understood those rights, and waived the impact of the continuance.
Based on 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).
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In making this determination, the Court has considered the factors set forth in 18 U.S.C.
§ 3161(h)(7)(B). In consideration of these factors, 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). Defendant needs the additional time to receive
discovery, negotiate a possible plea agreement, and otherwise prepare for trial. The Court finds
that all of this cannot occur before the December 30, 2025 trial date.
The Court therefore GRANTS Defendant Marcwell Mack McCoy’s Unopposed Motion
to Continue Plea Deadline and Trial [Doc. 24]. The trial of this case is reset to January 27, 2026.
A new, comprehensive trial schedule is included below. Because the Court finds that the ends of
justice are 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 November 24, 2025, 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, the Court ORDERS as follows:
(1) 	Defendant 	Marcwell 	Mack 	McCoy’s 	Unopposed 	Motion 	to
Continue Plea Deadline [Doc. 16] is GRANTED;
(2) 	the trial of this matter is reset to commence on January 27, 2026,
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 November 24, 2025,
and the new trial date of January 27, 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 December 29, 2025;
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(5) 	the deadline for filing motions in limine is January 12, 2026.
Responses to motions in limine are due on or before January 20,
2026;
(6) 	the parties are to appear before the undersigned for a final pretrial
conference on January 13, 2026, at 1:30 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
January 16, 2026.
IT IS SO ORDERED.
ENTER:
_____________________________
Debra C. Poplin
United States Magistrate Judge
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