USA v. Wilcox et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:24-CR-71-KAC-JEM
)
ANTOINE A. WILCOX and 	)
RA’SHAUN D. WILCOX, 	)
)
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 the
Unopposed Joint Motion to Continue Trial, Extend Plea Deadline, and Reset All Other Pretrial
Deadlines 	[Doc. 	194] 	filed 	by 	Defendants 	Antoine 	Wilcox 	and 	Ra’shaun 	Wilcox 	on
October 7, 2026.
Defendants jointly ask to continue the October 27, 2026 trial date and the October 8, 2026
plea deadline and to reset all related pretrial deadlines [Id. ¶ 1]. Defendant R. Wilcox and
Defendant Antoine Wilcox both filed motions to suppress evidence seized during the execution of
search warrants at an apartment and two storage units [Docs. 97 & 110]. Following a suppression
hearing, the undersigned issued a Report and Recommendation [Doc. 167]. Defendants have filed
objections [Docs. 173 & 174-1], and the Government has responded to objections [Doc. 181].
In support of the motion to continue, Defendant R. Wilcox contends that the suppression
motions, Report and Recommendation, and objections are presently pending before the District
Judge [Doc. 194 ¶¶ 2–3]. Defendants assert that the ruling on the suppression motions is likely to
affect plea negotiations and Defendants’ trial strategy [Id. ¶ 3]. Defendants also note a new
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prosecutor filed a notice of appearance in this case on September 29, 2026 [Id. ¶ 4]. Accordingly,
Defendants aver that a trial continuance and extension of the plea deadline will further the interests
of justice [Id. ¶ 6]. Defendants, who are in custody, are aware of their speedy trial rights and waive
them in relation to the requested continuance [Id. ¶ 7]. They also acknowledge that the time
between the filing of their joint motion and the new trial date is fully excludable under the Speedy
Trial Act [Id.]. The Government has no objection to a trial continuance or to extending the
remaining pretrial deadlines including the plea deadline [Id. ¶ 6].
Based upon the information in the joint 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 	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, even accounting for the exercise of due diligence. See id.
§ 3161(h)(7)(B)(i), (iv). The District Judge has the Defendant’s suppression motions, the
undersigned’s Report and Recommendation, and the parties’ objections and response under
consideration. The parties need time to engage in plea negotiations after a determination of their
suppression issues and, if negotiations are not fruitful, to prepare the case for trial. See id.
§ 3161(h)(7)(B)(iv). The Court finds that all of this cannot occur before the October 27, 2026 trial
date.
The Court therefore GRANTS Unopposed Joint Motion to Continue Trial, Extend Plea
Deadline, and Reset All Other Pretrial Deadlines [Doc. 194]. The trial of this case is reset to
February 2, 2027. A new trial schedule is included below. Because the Court finds that the ends
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of justice served by granting a continuance outweigh the interests of Defendants and the public in
a speedy trial, all time between the filing of the motion on October 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)(7)(A)–(B).
Accordingly, the Court ORDERS as follows:
(1) 	Defendants’ Unopposed Joint Motion to Continue Trial, Extend
Plea Deadline, and Reset All Other Pretrial Deadlines [Doc. 194] is
GRANTED;
(2) 	the trial of this matter is reset to commence on February 2, 2027,
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 October 7, 2026, and
the new trial date of February 2, 2027, 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 December 30, 2026;
(5) 	the parties are to appear before the undersigned for a final pretrial
conference on January 19, 2027, at 11:00 a.m.;
(6) 	the deadline for filing motions in limine is January 15, 2027, and
responses to motions in limine are due on or before January 26,
2027; 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 22, 2027.
IT IS SO ORDERED.
ENTER:
___________________________
Jill E. McCook
United States Magistrate Judge
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