Unopposed Motion to Continue Trial Date — United States v. Johnson (Dkt. 22, W.D.N.C.)

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An unopposed motion to continue the trial date in United States v. Matthew Johnson, Docket No. 5:23-CR-56-KDB, in the U.S. District Court for the Western District of North Carolina, Statesville Division, filed November 22, 2024 as Document 22. Through Assistant Federal Defender John Parke Davis, Johnson asks the court to continue the trial set for December 16, 2024 and the related pretrial motions deadline, and states that the government does not oppose. The motion recites that on November 17, 2023 he was arraigned on a two-count Bill of Indictment charging wire fraud under 18 U.S.C. § 1343 and tax evasion under 26 U.S.C. § 7201, and refers to an earlier joint motion for a peremptory setting.

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


                                                      DOCKET NO. 5:23-CR-56-KDB
 UNITED STATES OF AMERICA,

        vs.
                                                      UNOPPOSED MOTION TO
 MATTHEW JOHNSON,                                     CONTINUE TRIAL DATE
                 Defendant.




        Matthew Johnson, by and through his counsel of record, Assistant Federal Defender John

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

December 16, 2024, along with the associated pretrial motions deadline.

        1.     The government does not oppose this motion.

        2.     On November 17, 2023, Mr. Johnson was arraigned on a two-count Bill of

Indictment, charging him with one count of wire fraud pursuant to 18 U.S.C. § 1343 (Count One);

and one count of tax evasion pursuant to 26 U.S.C. § 7201 (Count Two). He was appointed counsel

and ordered released on conditions of bond.

        3.     On July 19, 2024, the parties filed a Joint Motion for Peremptory Setting [Doc. 20]

in which the parties requested this Court continue this matter to a date certain. The parties differed,

however, on whether the case should be set on this Court’s December, 2024 or February, 2025

trial terms.

        4.     Specifically, Mr. Johnson requested a peremptory setting in the February term of

court, citing to, inter alia, lead counsel’s paternity leave—which began on July 19, 2024 and ended

on October 16, 2024—and defense counsel’s retention of a mental health expert who could not



     Case 5:23-cr-00056-KDB-SCR             Document 22         Filed 11/22/24      Page 1 of 3

begin work until September, 2024. The government requested a setting on the December trial term,

but acknowledged at the time that the above-noted mental health testing may warrant an additional

continuance from the December term. This Court granted the Joint Motion for Peremptory setting

and set a trial date in the December, 2024 term. [Doc. 21].

           5.   Mr. Johnson is still waiting on the full results from his mental health evaluation and

collateral interviews are still in progress. Mr. Johnson currently anticipates a draft report in the

first week of December, 2024. Additional time is needed to fully evaluate this report and its

conclusions, determine its full impact on this case (including relevance to trial and/or to any

ongoing negotiations), and, to the extent appropriate depending on those results, permit the

government to inspect the report and seek any responsive opinions.

           6.   Thus, as the parties originally forecast may become necessary, the parties now

agree that a continuance to the February, 2025 term of Court is appropriate and in the interests of

justice.

           7.   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.




     Case 5:23-cr-00056-KDB-SCR             Document 22        Filed 11/22/24      Page 2 of 3

       8.      For the same reasons stated above, Mr. Johnson needs additional time to research

related legal and factual issues that may arise from reviewing discovery, interviewing Mr. Johnson,

and investigating the case.

       WHEREFORE, Mr. Johnson respectfully requests a continuance of his trial date from the

December 16, 2024 term of Court until the February, 2025 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
                       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 Matthew Johnson



DATE: November 22, 2024




    Case 5:23-cr-00056-KDB-SCR             Document 22        Filed 11/22/24      Page 3 of 3

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