Order denying 265 Motion to Continue Trial by Kisha Sutton (1) — United States v. Sutton et al. (Dkt. 300, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 300 · 2025-06-30 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT 
 
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA 
 
 
 
CHARLESTON DIVISION 
 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
 
 
 
 
CRIMINAL ACTION NO. 2:24-cr-00192-01 
 
KISHA SUTTON, 
 
Defendant. 
 
 
 
ORDER 
 
 
By Order (Document 225) entered on June 2, 2025, the Court granted the motion of 
Defendant Wright for a trial continuance and scheduled the trial of this matter on July 14, 2025.  
In a subsequent Order (Document 242), the Court granted Defendant Sutton’s motion to reconsider 
the date of jury selection but denied a continuance of the trial. 
Now pending is Defendant Kisha Sutton’s Motion to Continue Trial (Document 265).  
Therein, she requests that trial be continued so that the parties can litigate Rule 404(b) issues that 
were not applicable before the Second Superseding Indictment (Document 245).  The Defendant 
argues that the new indictment has significantly altered the scope of the charges against her, and 
that it would be “patently unfair to not allow the Defense the proper procedure and time to mount 
an effective defense.”  (Document 265 at 4). 
In its Response (Document 291), the Government argues that the continuance should be 
denied because the new indictment relies on the same set of facts and circumstances that were 
alleged in the original indictment that was filed in November 2024.  Additionally, it states that 
Case 2:24-cr-00192     Document 300     Filed 06/30/25     Page 1 of 2 PageID #: 1501

2 
 
there is sufficient time to litigate Rule 404(b) issues prior to trial without further delay of a trial 
that has already been continued several times. 
After careful consideration, the Court finds that the facts and circumstances as they relate 
to Ms. Sutton have not changed since the initial indictment.  While the charges against her have 
changed, the alleged conduct and evidence to be introduced and defended against at trial have not.  
Additionally, there is sufficient time prior to trial for any Rule 404(b) issues to be litigated.  
Moving forward with the trial as currently scheduled will not result in prejudice to Ms. Sutton, as 
her counsel has stated in briefing that he “was ready for trial prior to the last continuance.”  
(Document 265 at 3–4).  Accordingly, the Court ORDERS that Defendant Kisha Sutton’s Motion 
to Continue Trial (Document 265) be DENIED. 
The Court DIRECTS the Clerk to send a copy of this Order to the Defendants and their 
respective counsel, to the United States Attorney, to the United States Probation Office, and to the 
Office of the United States Marshal. 
ENTER: 
June 30, 2025 
 
 
Case 2:24-cr-00192     Document 300     Filed 06/30/25     Page 2 of 2 PageID #: 1502

File and source

File

gov.uscourts.wvsd.240497.300.0.pdf

Size

167,757 bytes

SHA-256

f6c0f8545c3a5e69c59b628ca39a9f8da65feb27bcd2baaedbb0b9e49f5c6171

Our copy

gov.uscourts.wvsd.240497.300.0.pdf

Original

PACER (login required)