USA v. McClure, et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:24-CR-129-TAV-DCP
)
KENTRALE L. MCCLURE and 	)
DEONTE A. RILEY, 	)
)
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 Deonte A. Riley’s Motion to Continue Trial and Enlarge Relevant Deadlines [Doc. 58],
filed on August 14, 2026.
Defendant asks the Court to continue the September 15, 2026, trial date and enlarge all
relevant deadlines in this case [Id. at 1]. In support of his motion, Defendant states that his counsel,
who was appointed on March 23, 2026, needs additional time to continue reviewing the discovery
materials with him, discuss the defense theory, and engage in trial preparation [Id. ¶¶ 1, 3].
Defendant does not oppose a continuance of the trial date [Id. ¶ 2]. The motion reflects that the
Government does not oppose a continuance [Id. ¶ 5].
Codefendant Kentrale McClure filed his Response to Motion to Continue [Doc. 60].
Codefendant McClure represents that he does not take a position and that he is aware of his speedy
trial rights [Id. at 1].
Based upon the information in Defendant’s motion and because the Government does not
oppose the continuance and Codefendant McClure takes no position, the Court finds the ends of
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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 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). Defendant needs more time to review
discovery and have discussions with counsel concerning defense theory and trial preparation. The
Court finds that all of this cannot occur before the September 15, 2026 trial date.
The Court therefore GRANTS Defendant Deonte A. Riley’s Motion to Continue Trial and
Enlarge Relevant Deadlines [Doc. 58]. The trial of this case is reset to January 12, 2027. A new
schedule is included below. Because the Court finds that the ends of justice served by granting a
continuance outweigh the interests of Defendant and the public in a speedy trial, all time between
the filing of the motions on August 14, 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 Deonte A. Riley’s Motion to Continue Trial and Enlarge
Relevant Deadlines [Doc. 58] is GRANTED;
(2) 	the trial of this matter is reset to commence on January 12, 2027,
at 9:00 a.m., before the Honorable Thomas A. Varlan, United States
District Judge;
(3) 	all time between the filing of the motions on August 14, 2026, and
the new trial date of January 12, 2027, 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 11, 2026;
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(5) 	the deadline for filing motions in limine is December 28, 2026, and
responses to motions in limine are due on or before January 5,
2027;
(6) 	the parties are to appear before the undersigned for a final pretrial
conference on December 29, 2026, at 11:00 a.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 4, 2027.
IT IS SO ORDERED.
ENTER:
_____________________________
Debra C. Poplin
United States Magistrate Judge
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