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Home Source documents Court filing — No. 4:21-cr-00214 (Dkt. 36)

Court filing — No. 4:21-cr-00214 (Dkt. 36)

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Case 4:21-cr-00214-CVE Document 36 Filed in USDC ND/OK on 01/04/22 Page 1 of 3




                      UNITED STATES DISTRICT COURT FOR THE
                        NORTHERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA,                             )
                                                      )
                       Plaintiff,                     )
                                                      )
v.                                                    )       Case No. 21-CR-214-CVE
                                                      )
JEFFREY BRENT THOMAS,                                 )
                                                      )
                       Defendant.                     )

                                             ORDER

       Now before the Court is defendant’s motion to continue the pretrial conference and jury trial

(Dkt. # 35). Defendant requests a continuance of the pretrial conference set for January 5, 2022 and

the jury trial set for January 18, 2022, and has executed a speedy trial waiver (Dkt. # 34). On May

4, 2021, a grand jury returned an indictment charging defendant with two counts of aggravated

assault of a federal officer with a deadly or dangerous weapon (counts one and two) and eluding a

peace officer in Indian country (count three). Dkt. # 15. Defendant states that his attorney needs

additional time to review the discovery, investigate the charges against defendant, and to engage in

plea negotiations or prepare for trial. Dkt. # 35, at 2. Defendant requests a 60 day extension of all

deadlines in the scheduling order. Plaintiff does not oppose defendant’s request for a continuance.

       Defendant’s request for a continuance falls under § 3161(h)(7)(A) of the Speedy Trial Act.

This section permits a federal district court to exclude any period of delay resulting from a

continuance if “the judge granted such continuance on the basis of his findings that the ends of

justice served by taking such action outweigh the best interest of the public and the defendant in a

speedy trial.” 18 U.S.C. § 3161(h)(7)(A). A court must orally or in writing set forth its reasons for

granting an ends of justice continuance and make findings that a continuance is in the best interest
Case 4:21-cr-00214-CVE Document 36 Filed in USDC ND/OK on 01/04/22 Page 2 of 3




of the defendant and the public. Id. The statute permits a court to consider whether “the failure to

grant such a continuance . . . would deny counsel for the defendant . . . the reasonable time necessary

for effective preparation, taking into account the exercise of due diligence.”                 Id. at §

3161(h)(7)(B)(iv). The Tenth Circuit has been clear that an ends of justice continuance should not

be granted “cavalierly” and it was intended to be a “rarely used tool.” United States v. Williams, 511

F.3d 1044, 1048-49 (10th Cir. 2007).

        In United States v. Toombs, 574 F.3d 1262 (10th Cir. 2009), the Tenth Circuit limited the

circumstances in which an ends of justice continuance can be granted and emphasized that this

should be a rarely used procedural tool. The parties must provide the district court a sufficient record

to determine why the facts stated in a motion for continuance “result[] in the need for additional

time.” Id. at 1271. This requires the parties to provide specific information about the need for a

continuance, and the district court may need to hold a hearing before granting an ends of justice

continuance. Id. at 1272-73. A district court must also give significant weight to the public’s interest

in a speedy trial, and the public’s interest is generally served by strict adherence to the requirements

of the Speedy Trial Act. Id. at 1273.

        Defense counsel’s request for additional time to prepare for trial is reasonable, and defendant

has executed a speedy trial waiver (Dkt. # 34) asking the Court to exclude any period of delay for

an ends of justice continuance. In addition to the interests of the defendant, the Court has considered

the public’s interest in the speedy resolution of criminal cases and finds that a limited ends of justice

continuance will not subvert the public’s interest in the prompt prosecution of criminal matters.




                                                   2
Case 4:21-cr-00214-CVE Document 36 Filed in USDC ND/OK on 01/04/22 Page 3 of 3




       IT IS THEREFORE ORDERED that defendant’s motion to continue the pretrial

conference and jury trial (Dkt. # 35) is granted. The pretrial conference set for January 5, 2022 and

jury trial set for January 18, 2022 are stricken. The following amended scheduling order is hereby

entered:

       Motions due:                                           February 11, 2022

       Responses due:                                         February 25, 2022

       PT/CP/Motions Hearing:                                 March 11, 2022 at 10:30 a.m.

       Voir dire, jury instructions, and trial briefs due:    March 14, 2022

       Jury Trial:                                            March 21, 2022 at 9:15 a.m.

       IT IS FURTHER ORDERED that the time from January 18, 2022, inclusive, to March 21,

2022, inclusive, is excludable pursuant to 18 U.S.C. § 3161(h)(7).

       DATED this 4th day of January, 2022.




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