Court filing
First Motion to Continue Sentencing Hearing — USA v. Thomas (Dkt. 30, E.D. Tenn.)
Filed December 8, 2022 in USA v. Thomas; one of 68 filings from this case.
Record facts
| Court | U.S. District Court for the Eastern District of Tennessee |
|---|---|
| Filed | 2022-12-08 |
U.S. District Court for the Eastern District of Tennessee · No. 2:22-cr-00076-JRG-CRW · Doc. 30 · 2022-12-08 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE UNITED STATES OF AMERICA ] ] -vs- ] Case No.: 2:22 - CR - 76 ] CHAD B. THOMAS ] MOTION TO CONTINUE SENTENCING HEARING AND TO EXTEND DEADLINE TO FILE NOTICE OF OBJECTIONS AND SENTENCING MEMORANDUM Comes now Defendant, CHAD B. THOMAS, by and through counsel of record, and hereby moves the Court to continue the Sentencing Hearing and to extend the deadline to file Notice of Objections, if necessary, and a Sentencing Memorandum and would show the following in support thereof: 1. Counsel received the Presentence Investigation Report (“PSR”) on December 2, 2022. 2. Notice of Objections is due by December 16, 2022. 3. The Sentencing Memorandum is due by December 26, 2022. 4. The Sentencing Hearing is scheduled for January 9, 2023, at 3:00 p.m. 5. Defendant is currently being held in the Federal Medical Complex in Fort Worth, Texas, for the purpose of having a psychological evaluation pursuant to 18 U.S.C. § 4241. 6. Counsel is unsure as to when said evaluation will be completed or when he will be transferred back to East Tennessee. Furthermore, Counsel is unsure and unaware as to the findings of the evaluation which may or may not impact sentencing and any argument Defendant may make in his sentencing brief. Case 2:22-cr-00076-JRG-CRW Document 30 Filed 12/08/22 Page 1 of 3 PageID #: 127 7. Counsel has not been able to communicate with Defendant regarding the Presentence Investigation Report (“PSR”), its findings and sentence range determinations, amongst other things contained therein. Furthermore, Counsel does not believe it to be appropriate to mail a copy of the PSR to him in concern that he may not receive the report, that some unauthorized person may receive the report and, most importantly, that if Defendant received said report that it may taint or otherwise interrupt the process and progress of the evaluation, assuming it has not been completed as of the date of this motion. 4. Counsel believes it to be in Defendant’s best interest for the Sentencing Hearing to be continued and the filing deadlines extended until some time after the psychological evaluation has been completed and Defendant has been returned to East Tennessee. WHEREFORE, Counsel for Defendant respectfully moves this Honorable Court to grant and approve the relief contained herein. Respectfully submitted, /s/ Jefferson B. Fairchild _______ By: Jefferson B. Fairchild 117 South Depot Street Post Office Box 7 Rogersville, Tennessee 37857 (423) 272-2142 Case 2:22-cr-00076-JRG-CRW Document 30 Filed 12/08/22 Page 2 of 3 PageID #: 128 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that a true and exact copy of the foregoing Motion to Continue and Extend has been served upon the following by electronic filing to-wit: Mr. Mac Heavener Assistant U.S. Attorney Ms. Jessica D. Earley U.S. Probation Officer This 8th day of December, 2022. /s/ Jefferson B. Fairchild _______ Jefferson B. Fairchild Case 2:22-cr-00076-JRG-CRW Document 30 Filed 12/08/22 Page 3 of 3 PageID #: 129
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- gov.uscourts.tned.105535.30.0.pdf
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