Unopposed Motion to Continue Trial — United States v. Rowlando Hatter, Jr. and Clyde Parker (Dkt. 80)

Summary

An Unopposed Motion to Continue Trial, filed September 27, 2022, as Document 80 in United States of America v. Rowlando Hatter, Jr. and Clyde Parker, Criminal Action No. 1:21-CR-0197-SCJ, in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The government states that the case is scheduled for trial commencing October 3, 2022 on a superseding indictment concerning the unlawful receipt of Unemployment Insurance Benefits during the COVID pandemic. It states that Mr. Parker intends to enter a change of plea and that counsel for Mr. Hatter and the government are working to finalize a negotiated resolution. The motion asks for a continuance and for exclusion of time under 18 U.S.C. § 3161(h)(7)(A), and is signed /s/ Tracia M. King.

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     Case 1:21-cr-00197-SCJ-CMS Document 80 Filed 09/27/22 Page 1 of 4




                 IN THE UNITED STATES DISTRICT COURT
                FOR THE NORTHERN DISTRICT OF GEORGIA
                          ATLANTA DIVISION


   U NITED S TATES OF A MERICA
                                                Criminal Action No.
         v.
                                                1:21-CR-0197-SCJ
   R OWLANDO H ATTER , J R . AND
   C LYDE P ARKER


                     Unopposed Motion To Continue Trial

   The United States of America, by Ryan K. Buchanan, United States Attorney,

and Tracia M. King, Assistant United States Attorney for the Northern District of

Georgia, files this Unopposed Motion to Continue Trial.

                                         1.

   Mr. Rowlando Hatter, Jr. and Mr. Clyde Parker are charged in a superseding

indictment concerning violations of law related to the unlawful receipt of

Unemployment Insurance Benefits during the COVID pandemic.

                                         2.

   This case is presently scheduled for trial commencing October 3, 2022.

                                         3.

   Mr. Parker, however, previously advised the Court that he intends to enter a

change of plea in this case. In fact, this matter was scheduled for a Change of

Plea Hearing on August 25, 2022, but due to an unforeseen medical situation,


       600 U.S. Courthouse, 75 Ted Turner Drive S.W., Atlanta, GA 30303
                       (404) 581-6000 fax (404) 581-6181
                                         1
      Case 1:21-cr-00197-SCJ-CMS Document 80 Filed 09/27/22 Page 2 of 4




defense counsel was not available to proceed with the hearing. The parties are

actively working on identifying a new date for the plea hearing. Despite our best

efforts, it does not appear that the hearing is likely to happen before the October

3, 2022 trial date.
                                         4.

   Additionally, defense counsel for Mr. Hatter and the Government are

presently working to finalize a negotiated resolution on his behalf. Accordingly,

there will likewise be no need to proceed to trial against Mr. Hatter.

                                         5.

   The ends of justice is best served by granting a brief continuance so Mr.

Hatter and Mr. Parker may resolve this case in a manner that is mutually

beneficial to them and to the Government.

                                         6.

   Counsel for Mr. Hatter does not object to this request. The undersigned

attorney reached out to counsel for Mr. Parker and has not yet received a

response. As indicated above, however, counsel for Mr. Parker and the

Government are presently attempting to reschedule a hearing date for a change

of plea in his matter.




        600 U.S. Courthouse, 75 Ted Turner Drive S.W., Atlanta, GA 30303
                        (404) 581-6000 fax (404) 581-6181
                                         2
      Case 1:21-cr-00197-SCJ-CMS Document 80 Filed 09/27/22 Page 3 of 4




   WHEREFORE, upon the grounds and showing presented above-herein, the

undersigned respectfully asks that this Court grant this motion requesting a

continuance from the October term of court. In addition, the Government asserts

that the ends of justice served by delaying the trial, outweighs the interest of the
defendant and the public in a speedy trial. The Government additionally

requests that in calculating the date on which the trial of this case must

commence, the Court excludes the period from the date of this motion to the new

trial date, pursuant to 18 U.S.C. § 3161(h)(7)(A).

                                          Respectfully submitted,

                                          R YAN K. B UCHANAN
                                              United States Attorney



                                      /s/T RACIA M. K ING
                                              Assistant United States Attorney
                                          Georgia Bar No. 421380
                                          Tracia.King@usdoj.gov




       600 U.S. Courthouse, 75 Ted Turner Drive S.W., Atlanta, GA 30303
                       (404) 581-6000 fax (404) 581-6181
                                          3
     Case 1:21-cr-00197-SCJ-CMS Document 80 Filed 09/27/22 Page 4 of 4




                             Certificate of Service

The United States Attorney’s Office served this document today by filing it using

the Court’s CM / ECF system, which automatically notifies the parties and counsel
of record.




September 27, 2022


                                         /s/ T RACIA M. K ING

                                         T RACIA M. K ING

                                         Assistant United States Attorney


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