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 Motion to Continue Plea Deadline and Trial [Doc. 19], filed
on December 29, 2025.
Defendant requests the Court to continue the trial, set for January 27, 2026, and the plea
deadline, set for December 29, 2025 [Id. at 1]. In support of his motion, Defendant states that “the
[G]overnment is continuing to seek supervisory guidance as to whether the Petite Policy should
apply to [Defendant’s] case” [Id. ¶ 2]. The motion reflects that Defendant’s counsel and the
Government are in good communication, but require additional time to negotiate a potential
resolution [Id. ¶ 3]. Defendant understands that the period of time between the filing of this motion
and a rescheduled court date will be fully excludable time for speedy trial purposes [Id. ¶ 5]. The
Government filed its position on the motion to continue and stated it did not oppose the
continuance requested [Doc. 20 p. 1].
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 conduct
negotiations, consider a plea, and if that is not fruitful, otherwise prepare for trial. The Court finds
that all of this cannot occur before the January 27, 2026 trial date.
The Court therefore GRANTS Defendant Marcwell Mack McCoy’s Motion to Continue
Plea Deadline and Trial [Doc. 19]. The trial of this case is reset to March 31, 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 December 29, 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 Motion to Continue Plea
Deadline and Trial [Doc. 19] is GRANTED;
(2) 	the trial of this matter is reset to commence on March 31, 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 December 29, 2025,
and the new trial date of March 31, 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 March 2, 2026;
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(5) 	the deadline for filing motions in limine is March 16, 2026.
Responses to motions in limine are due on or before March 24,
2026;
(6) 	the parties are to appear before the undersigned for a final pretrial
conference on March 12, 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
March 20, 2026.
IT IS SO ORDERED.
ENTER:
_____________________________
Debra C. Poplin
United States Magistrate Judge
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