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Unopposed Motion to Continue November 2021 Trial — United States v. Jeffrey Brent Thomas (N.D. Okla., Dkt. 29)

Summary

Unopposed Motion to Continue November 2021 Trial, Document 29, filed 11/04/21, in United States v. Jeffrey Brent Thomas, Criminal No. 21-cr-00214-CVE, U.S. District Court for the Northern District of Oklahoma. Defendant Jeffrey Brent Thomas moves to vacate and continue the trial set on the November, 2021 trailing docket for at least sixty (60) days. The motion states that counsel needs time to review discovery and that Thomas is facing charges in the United States District Court for the Eastern District of Oklahoma where counsel has not yet been appointed. It states that AUSA Steven Briden does not oppose the motion, and it is signed /s/Donald F. Kochersberger III, with a certificate of service dated November 2, 2021.

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“Unopposed Motion to Continue November 2021 Trial — United States v. Jeffrey Brent Thomas (N.D. Okla., Dkt. 29).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-n-d-okla-no-4-21-cr-00214-dkt-29-7a1c692fd3/, SHA-256 f3ca339dcbd652e9aa86c1caa2e77186d7ec7912d19af2028e8a8475c1b2cbbf.

Full text

Case 4:21-cr-00214-CVE Document 29 Filed in USDC ND/OK on 11/04/21 Page 1 of 4




                       IN THE UNITED STATES DISTRICT COURT
                         NORTHERN DISTRICT OF OKLAHOMA


UNITED STATES OF AMERICA,

                      Plaintiff,

vs.                                                        Criminal No. 21-cr-00214-CVE

JEFFREY BRENT THOMAS,

                      Defendant.

            UNOPPOSED MOTION TO CONTINUE NOVEMBER 2021 TRIAL

       Defendant Jeffrey Brent Thomas moves this Court to vacate and continue the trial of this

matter now set on the November, 2021 trailing docket for at least sixty (60) days. As grounds for

this motion, the Defendant states as follows:

       1.      On May 4, 2021, Defendant Jeffrey Brent Thomas was indicted and charged with

two counts of Assaulting, Resisting, or Impeding a law enforcement officer, in violation of 18

U.S.C. §§ 111(a)(1) and 111(b), and one count of eluding/evading a law enforcement officer, in

violation of Oklahoma Statutes § 540A(B) [Doc. 15], after originally having been charged by

Criminal Complaint on April 6, 2021. [Doc. 1]

       2.      Undersigned counsel was appointed to represent Mr. Thomas on April 13, 2021.

[Doc. 13]

       3.      This matter is currently scheduled for Jury Selection and Trial on the Court’s

November 2021 trailing docket (#26), and the pretrial conference is scheduled on November 9,

2021. [Doc. 28]
Case 4:21-cr-00214-CVE Document 29 Filed in USDC ND/OK on 11/04/21 Page 2 of 4




        4.     Counsel requires additional time to review and analyze the discovery provided by

the Government, to investigate, research and develop potential defenses, and to potentially hire

and prepare expert witnesses.

        5.     Additionally, defense counsel requests additional time to meet with Mr. Thomas to

review and discuss the government’s discovery and to discuss the issues relevant to any defenses,

a possible pretrial resolution, and sentencing considerations. This process is expected to take at

least sixty (60) days.

        6.     Further, Mr. Thomas is currently facing charges in the United States District Court

for the Eastern District of Oklahoma but has not yet been appointed counsel for that matter. The

Federal Public Defender has indicated that the Court is likely to appoint undersigned counsel to

represent Mr. Thomas in that matter, and counsel has agreed to accept that appointment. However,

logistical hurdles have not yet been entirely surpassed and those efforts remain in progress.

        7.     While the alleged conduct leading to the charges filed in the Eastern District is

unrelated to the charges in this Court, the resolution of the charges here could affect what occurs

there, and vice-versa. Accordingly, to provide effective assistance to Mr. Thomas, defense counsel

requires additional time to be appointed to represent Mr. Thomas in that matter, receive and

analyze discovery materials, investigate the charges, and potentially discuss with the United States

the possibility of a global resolution, ultimately conserving significant judicial resources, as well

as providing a benefit to Mr. Thomas.

        8.     Under the current circumstances, the requested continuance is the absolute

minimum time necessary for the Defendant’s counsel to provide effective assistance of counsel in

this case.




                                                 2
Case 4:21-cr-00214-CVE Document 29 Filed in USDC ND/OK on 11/04/21 Page 3 of 4




       9.      The continuance of this matter will serve the ends of justice and outweigh the best

interest of the public and the defendant in a speedy trial by affording the Defendant a reasonable

opportunity review and consider the Government’s evidence in both cases against him, and

investigate those charges, as well as to negotiate and possibly enter into a plea agreement whereby

his exposure may be limited, and judicial economy advanced. Accordingly, the continuance

sought by the Defendant is appropriate under 18 U.S.C. §3161(h)(7)(A), (B)(iv). See United States

v. Toombs, 574 F.3d 1262, 1268-69, 71-73 (10th Cir. 2009); United States v. Hernandez-Mejia,

406 Fed. Appx. 330 (10th Cir. 2011) (unpublished).

       10.     The Defendant agrees that the time between this motion and the date of jury

selection should be excluded for speedy trial purposes under 18 U.S.C. §3161(h)(7)(A), (B)(iv).

       11.     AUSA Steven Briden does not oppose this motion.

       WHEREFORE, Defendant moves that the Court vacate and continue the trial of this matter

currently set on the November 2021 trailing docket for at least sixty (60) days and continue all

pretrial deadlines until further order of this Court.



                                               Respectfully submitted,

                                               /s/Donald F. Kochersberger III

                                               Donald F. Kochersberger III
                                               320 Gold Ave. SW, Suite 610
                                               Albuquerque, NM 87102
                                               Tel: (505) 848-8581
                                               Fax: (505) 848-8593

                                               Attorney for Defendant Jeffrey Brent Thomas




                                                   3
Case 4:21-cr-00214-CVE Document 29 Filed in USDC ND/OK on 11/04/21 Page 4 of 4




        I HEREBY CERTIFY that on this the 2nd day of November, 2021, I filed the foregoing
electronically through the CM/ECF system, which caused all counsel to be served by electronic
means, as more fully reflected on the Notice of Electronic Filing:


       Electronically Filed
       Donald F. Kochersberger III
       Attorney for Defendant




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