USA v. Hebert

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:25-CR-66-KAC-JEM
)
PATRICK WARREN HEBERT, 	)
)
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 Patrick Hebert’s Motion to Continue [Doc. 19], filed on January 7, 2026.
Defendant requests the Court to continue the motion deadline, the plea deadline, and the
trial, set for February 3, 2026 [Id. at 1]. In support of the motion, Defendant states that his counsel
has been involved in continued discussions with the Government, but despite due diligence,
additional time will be required to view additional discoverable material in this case, which the
Government is currently working to provide [Id. ¶ 1]. Defendant’s motion reflects that counsel for
the Government does not oppose the requested continuance [Id. ¶ 4]. Defendant understands his
speedy trial rights and understands that the time period of this continuance is excluded from the
speedy trial computation [Id. ¶ 3].
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
outweigh the interests of Defendant 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
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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’s counsel needs more time to receive and review discovery, continue plea
discussions, and if those are not fruitful, otherwise prepare for trial. The Court finds that all of this
cannot occur before the February 3, 2026 trial date.
The Court therefore GRANTS Defendant Patrick Hebert’s Motion to Continue [Doc. 19].
The trial of this case is reset to May 5, 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 time between the filing of
the motion on January 7, 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)(1)(H), & (h)(7)(A)–(B).
Accordingly, the Court ORDERS as follows:
(1) 	Defendant Patrick Hebert’s Motion to Continue [Doc. 19] is
GRANTED;
(2) 	the trial of this matter is reset to commence on May 5, 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 January 7, 2026, and
the new trial date of May 5, 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 April 3, 2026;
(5) 	the deadline for filing motions in limine is April 20, 2026, and
responses to motions in limine are due on or before April 28, 2026;
(6) 	the parties are to appear before the undersigned for a final pretrial
conference on April 16, 2026, at 1:30 p.m., and
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(7) 	requests for special jury instructions with appropriate citations to
authority pursuant to Local Rule 7.4 shall be filed on or before
April 24, 2026.
IT IS SO ORDERED.
ENTER:
________ 	___________________
Jill E. McCook
United States Magistrate Judge
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