Unopposed Motion to Continue Trial Date & Motions Deadline — United States v. Rouse (Dkt. 54, W.D.N.C.)

Summary

An unopposed motion to continue the trial date and motions deadline, filed December 5, 2025 for defendant Antionette Rouse by Assistant Federal Defender John Parke Davis in United States of America v. Antionette Rouse, Docket No. 3:25-CR-106-KDB, in the U.S. District Court for the Western District of North Carolina. The motion asks to continue the trial set for January 5, 2026 and the related pretrial motions deadline. It states that on May 23, 2025 Rouse was arraigned on one count of wire fraud conspiracy under 18 U.S.C. §§ 1343 and 1349 and one count of wire fraud under 18 U.S.C. § 1343, that her retained counsel moved to withdraw on July 31, 2025 (Doc. 44), and that plea negotiations are ongoing. It asks for the next available term of court.

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Record facts

Full text

IN THE UNITED STATES DISTRICT COURT
             FOR THE WESTERN DISTRICT OF NORTH CAROLINA
                          CHARLOTTE DIVISION


                                                    DOCKET NO. 3:25-CR-106-KDB
 UNITED STATES OF AMERICA,

       vs.
                                                    UNOPPOSED MOTION TO
 ANTIONETTE ROUSE,                                  CONTINUE TRIAL DATE & MOTIONS
                                                    DEADLINE
                Defendant.



       Antionette Rouse, by and through her counsel of record, Assistant Federal Defender John

Parke Davis, respectfully requests that this Court continue the trial date presently scheduled for

January 5, 2026, along with the associated pretrial motions deadline. As grounds therefore, it is

averred:

       1.      On May 23, 2025, Ms. Rouse was arraigned on two counts in a Bill of Indictment,

charging her with one count of wire fraud conspiracy, pursuant to 18 U.S.C. §§ 1343 and 1349

(Count One); and one count of wire fraud, pursuant to 18 U.S.C. § 1343 (Count Three). She had

previously retained counsel and was released on conditions of bond.

       2.      On July 31, 2025, Ms. Rouse’s retained counsel moved to withdraw from her

representation. [Doc. 44]. A hearing was held on this motion on August 26, 2025, and the

undersigned was appointed counsel the next day. See [Doc. Entries dated 8/26 & 8/27, 2025].

       3.      Plea negotiations are ongoing. Counsel needs additional time to review discovery

with Ms. Rouse, to fully investigate Ms. Rouse’s case and possible defenses, and to effectively

negotiate with the government and prepare the case for trial.

       4.      This is Ms. Rouse’s second motion for a continuance of this matter, her first motion



    Case 3:25-cr-00106-KDB-SCR            Document 54           Filed 12/05/25   Page 1 of 3

since the matter became ripe for trial, and her first motion since the undersigned became counsel

of record. The case was previously continued based on motions from other defendants.

       5.      The time period of this continuance is excludable under 18 U.S.C. § 3161(h)(1),

because the Fourth Circuit has specifically found ongoing plea negotiations to be “other

proceedings” under the terms of the Speedy Trial Act. E.g. U.S. v. Keita, 742 F.3d 184, 188 (4th

Cir. 2014); U.S. v. Leftenant, 341 F.3d 338, 345 (4th Cir. 2003) (collecting similar authority from

other circuits). Thus, this period of delay is excludable as a period of delay resulting from another

proceeding concerning the defendant. 18 U.S.C. § 3161(h)(1); Keita, 742 F.3d at 188 (affirming

that any period of delay due to ongoing plea negotiations is excludable under the Speedy Trial

Act). It is also excludable under § 3161(h)(7)(B)(iv), as the need for additional time to allow for

effective preparation, taking into account defense counsel’s due diligence, outweighs the interests

of the public or the defendant in a speedy trial.

       6.      For the same reasons stated above, Ms. Rouse needs additional time to research

related legal and factual issues that may arise from reviewing discovery, interviewing Ms. Rouse,

and investigating the case.

       7.      The government does not oppose the granting of this motion.

       WHEREFORE, Ms. Rouse respectfully requests a continuance of her trial date from the

January 5, 2026 term to the next available term of court, and a corresponding extension of the

pretrial motion and notice deadline to line up with the Court’s next criminal term.



                       Respectfully submitted:

                       s/ John Parke Davis
                       John Parke Davis
                       N.C. Bar No. 34427
                       Federal Public Defender




    Case 3:25-cr-00106-KDB-SCR              Document 54       Filed 12/05/25      Page 2 of 3

                  Western District of North Carolina
                  129 West Trade Street, Suite 300
                  Charlotte, NC 28202
                  (704) 374-0720
                  (704) 374-0722 Fax
                  jp_davis@fd.org
                  Attorney for Antionette Rouse



DATE: December 5, 2025




   Case 3:25-cr-00106-KDB-SCR        Document 54       Filed 12/05/25   Page 3 of 3

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