USA v. Latour

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:25-CR-134-KAC-JEM
)
TRIMAINE HERNANDEZ LATOUR, 	)
)
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 Trimaine Herandez Latour’s Motion to Continue Trial Date and Relevant Deadlines
[Doc. 13], which he filed on January 9, 2026.
Defendant requests the Court to continue the motion and plea deadline, and the trial, set
for February 10, 2026 [Id. at 1]. In support of the motion, Defendant states that his counsel has
been involved in a good faith effort to resolve his case [Id. ¶ 1]. Despite defense counsel’s due
diligence, additional time will be required to communicate with Defendant, discuss factual issues,
legal issues, potential motions, and confer with the Government regarding a potential resolution
of this matter [Id.]. Defendant’s motion reflects that the Government does not oppose the proposed
continuance [Id..¶ 4]. Defendant understands that the period of time between the filing of this
motion for continuance and a rescheduled court date will be fully excludable for speedy trial
purposes [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).
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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). Defendant’s counsel needs more time to consult with Defendant, consider factual and legal
issues, as well as pretrial motions, 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 10, 2026 trial
date.
The Court therefore GRANTS Defendant Trimaine Herandez Latour’s Motion to Continue
Trial Date and Relevant Deadlines [Doc. 13]. The trial of this case is reset to May 19, 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 9, 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). At this time, the Court declines to reopen the pretrial motion deadline. If Defendant
wishes to reopen the pretrial motion deadline, he may file an appropriate motion demonstrating
good cause.
Accordingly, the Court ORDERS as follows:
(1) 	Defendant Trimaine Herandez Latour’s Motion to Continue Trial
Date and Relevant Deadlines [Doc. 13] is GRANTED;
(2) 	the trial of this matter is reset to commence on May 19, 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 9, 2026, and
the new trial date of May 19, 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 April 17, 2026;
(5) 	the deadline for filing motions in limine is May 4, 2026, and
responses to motions in limine are due on or before May 12, 2026;
(6) 	the parties are to appear before the undersigned for a final pretrial
conference on April 30, 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
May 8, 2026.
IT IS SO ORDERED.
ENTER:
_____________________________
Jill E. McCook
United States Magistrate Judge
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