USA v. Thomas

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:25-CR-128-TAV-JEM
)
TIMOTHY DORIAN THOMAS, 	)
)
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 Timothy Dorian Thomas’s Motion to Continue Trial and All Related Deadlines
[Doc. 16], which Defendant’s prior counsel filed on March 16, 2026.
Defendant Thomas asks the Court to continue his trial date and all related deadlines [Id.].
In support, Defendant states his prior counsel was in good contact with the Government, and
negotiations have been productive [Id. ¶¶ 1–2]. Defendant asserts if a plea agreement is reached,
it would allow the Government and the Court to allocate their resources efficiently [Id. ¶ 2]. His
prior counsel also accepted a position as an assistant district attorney in the Fourth District and can
no longer represent clients as a defense attorney in Knoxville [Id. ¶ 4]. Defendant informs the
Court that the Government does not oppose the requested continuance [Doc. 16 ¶ 5].
Since the filing of the motion, Defendant’s prior counsel withdrew, and the Court appointed
new counsel [Doc. 18]. New counsel filed a waiver signed by Defendant, which confirms that
Defendant understands his speedy trial rights, waives those rights, and consents to a continuance
of his trial date and all related deadlines [Doc. 20-1].
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Based upon the information in Defendant Thomas’s motion and because the Government
does not oppose the continuance, the Court finds the ends of justice served by granting a
continuance 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 continue plea negotiations, and, if necessary, prepare for trial. The Court finds
that this cannot occur before the April 14, 2026, trial date.
The Court therefore GRANTS Defendant’s Motion to Continue Trial and All Related
Deadlines [Doc. 16]. The trial date is reset to July 14, 2026. 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 March 16, 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 Motion to Continue Trial and All Related Deadlines
[Doc. 16] is GRANTED;
(2) 	the 	trial 	date 	is 	reset 	to 	commence 	on 	July 	14, 	2026,
at 	9:00 	a.m., 	before 	the 	Honorable 	Thomas 	A. 	Varlan,
United States District Judge;
(3) 	all time between the filing of the motion on March 16, 2026, and
the new trial date of July 14, 2026, is fully excludable time under
the Speedy Trial Act for the reasons set forth herein;
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(4) 	the deadline for filing a plea agreement in the record and providing
reciprocal discovery is June 12, 2026;
(5) 	the deadline for filing motions in limine is June 29, 2026, and
responses to motions in limine are due on or before July 7, 2026;
(6) 	the parties are to appear before the undersigned for a final pretrial
conference on June 30, 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
July 2, 2026.
IT IS SO ORDERED.
ENTER:
____________________________
Jill E. McCook
United States Magistrate Judge
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