USA v. Clevenger

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:25-CR-76-TAV-DCP
)
JOHN DANIEL CLEVENGER, 	)
)
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 John Daniel Clevenger’s Unopposed Motion to Continue Deadlines and Trial Date
[Doc. 17], filed on December 30, 2025.
Defendant requests the Court to continue the plea deadline, set for December 26, 2025, and
the trial date, set for January 27, 2026 [Id. at 1]. In support of his motion, Defendant states that his
counsel and the Government are in good communication regarding this case and will continue to
work to reach a resolution in this matter [Id. ¶ 1]. Defendant’s motion reflects that the Government
does not oppose the continuance [Id. ¶ 4]. Defendant understands that the period of time between
filing of this motion for continuance and a rescheduled court date will be fully excludable for
speedy trial purposes [Id. ¶ 3].
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).
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
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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). Counsel also needs additional time to confer with the
Government as to a potential resolution of this case and prepare for trial in the event negotiations
are not fruitful. The Court finds that all of this cannot occur before the January 27, 2026 trial date.
The Court therefore GRANTS Defendant John Daniel Clevenger’s Motion to Continue
Deadlines and Trial Date [Doc. 17]. The trial of this case is reset to April 7, 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 30, 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 John Daniel Clevenger’s Motion to Continue Deadlines
and Trial Date [Doc. 17] is GRANTED;
(2) 	the trial of this matter is reset to commence on April 7, 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 December 30, 2025,
and the new trial date of April 7, 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 6, 2026;
(5) 	the deadline for filing motions in limine is March 23, 2026, and
responses to motions in limine are due on or before March 31, 2026;
(6) 	the parties are to appear before the undersigned for a final pretrial
conference on March 24, 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
March 27, 2026.
IT IS SO ORDERED.
ENTER:
_____________________________
Debra C. Poplin
United States Magistrate Judge
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