Motion for Extension of Time to File Response/Reply as to 41 Motion — USA v. Thomas (Dkt. 46, E.D. Tenn.)

Record facts

U.S. District Court for the Eastern District of Tennessee · No. 2:22-cr-00076-JRG-CRW · Doc. 46 · 2023-03-21 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF TENNESSEE 
AT GREENEVILLE 
UNITED STATES OF AMERICA 
) 
)
 
v. 
 
) 
No. 2:22-CR-76 
 
) 
JUDGE GREER
CHAD BRANDON THOMAS 
) 
UNITED STATES’ MOTION FOR ENLARGEMENT 
The United States, through the United States Attorney for the Eastern District of 
Tennessee and pursuant to Rule 45(b)(1), respectfully requests that the Court grant an 
enlargement of time to respond to defendant’s pro se motion to withdraw his plea filed on March 
9, 2023 [Doc. 41].  The United States is in the process of ordering the transcript of defendant’s 
change-of-plea hearing on August 8, 2022, and is awaiting receipt of that transcript.  The United 
States requests an enlargement of three days after receipt of the change-of-plea transcript to file 
its response because defendant’s sworn testimony during that hearing will be relevant to 
defendant’s motion. 
Defendant filed a prior pro se motion to withdraw his plea on January 3, 2023 [Doc. 33].  
The Court denied the prior motion (without hearing) on January 5, 2023 [Doc. 35] because the 
motion was not filed by defendant’s counsel. While defendant’s new motion likewise is not filed 
by counsel, the Court has scheduled a hearing on the new motion for April 10, 2023 [Doc. 45].  
The United States intends to respond in opposition to the motion but is awaiting receipt of the 
change-of-plea transcript to do so. 
WHEREFORE, the United States respectfully requests that the Court grant an 
enlargement until three days after the United States’ receipt of the change-of-plea transcript to 
file its response in opposition to defendant’s pro se motion to withdraw his plea.  
Case 2:22-cr-00076-JRG-CRW     Document 46     Filed 03/21/23     Page 1 of 2     PageID
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2 
 
 
Respectfully submitted, this the 21st day of March, 2023. 
FRANCIS M. HAMILTON, III 
UNITED STATES ATTORNEY 
 
 
By: 
s/ Mac D. Heavener, III 
 
Mac D. Heavener, III, Fla. Bar #0896748 
Assistant United States Attorney 
220 West Depot Street, Suite 423 
Greeneville, Tennessee 37743 
(423) 639-6759 
Mac.Heavener@usdoj.gov 
 
 
 
Case 2:22-cr-00076-JRG-CRW     Document 46     Filed 03/21/23     Page 2 of 2     PageID
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