First Motion to Continue Sentencing Hearing — USA v. Thomas (Dkt. 30, E.D. Tenn.)

Summary

A motion to continue the sentencing hearing and extend the deadlines for objections and a sentencing memorandum, filed December 8, 2022 by defendant Chad B. Thomas in United States of America v. Chad B. Thomas, Case No. 2:22-CR-76, in the U.S. District Court for the Eastern District of Tennessee, Document 30. It states that counsel received the presentence report on December 2, 2022, that objections are due December 16, 2022, the memorandum December 26, 2022, and that sentencing is set for January 9, 2023. The motion states that the defendant is at the Federal Medical Complex in Fort Worth, Texas for an evaluation under 18 U.S.C. § 4241 and that counsel has not been able to review the report with him. It asks that the hearing and deadlines be moved until after the evaluation is completed, and is signed /s/ Jefferson B. Fairchild.

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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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