Court filing — United States v. Joshua Edwards Renewed Joint (Dkt. 337, M.D. Fla.)
Summary
Renewed joint motion filed January 16, 2026 by the United States, through Gregory W. Kehoe, and defense counsel Andrew Searle and Corey Cohen to continue the trial set for January 26, 2026 to April 2026. It renews the First Motion to Continue (Doc. 322), denied at Doc. 324, where the Court said it would entertain a re-filed motion accompanied by a waiver of speedy trial. The parties state that the defendant has not signed a waiver and ask the Court to make an ends of justice finding without one. They describe emails from the "Edwards Family" with audio recordings in which the defendant asks to move the trial date, and say the defendant told the Magistrate Judge a wish to speak with family before signing any documents.
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“Court filing — United States v. Joshua Edwards Renewed Joint (Dkt. 337, M.D. Fla.).”
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Case 6:22-cr-00201-AGM-LHP Document 337 Filed 01/16/26 Page 1 of 9 PageID 1902
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA
v. CASE NO. 6:22-cr-00201-AGM-LHP
JOSHUA EDWARDS
RENEWED JOINT MOTION TO CONTINUE TRIAL
The United States of America, by Gregory W. Kehoe, United States Attorney
for the Middle District of Florida, and counsel for the defendant, Attorneys Andrew
Searle and Corey Cohen request that, pursuant to Fed. R. Crim. P. 12(b), this Court
continue the trial in this case now set for January 26, 2026 to April 2026, and in
support of the motion state as follows:
INTRODUCTION
The parties herein renew their Motion to Continue the trial set to begin
January 26, 2026 that was previously filed at Doc. 322 (the “First Motion to
Continue”) and denied at Doc. 324 (the “Jan. 14, 2026 Order”). In the Jan. 14, 2026
Order, the Court indicated that it would entertain a re-filed motion if it were filed on
or before January 16, 2026 and accompanied by a waiver of speedy trial through the
end of April 2026. Doc. 324. As discussed herein, events have occurred since entry of
the Jan. 14, 2026 Order that require the parties to request that the Court continue the
trial to April 2026, despite the fact that the defendant has not signed a waiver of
speedy trial. Specifically, as discussed in more detail below, on January 15 and 16,
Case 6:22-cr-00201-AGM-LHP Document 337 Filed 01/16/26 Page 2 of 9 PageID 1903
2025, the defendant expressed his desire to plead guilty and continue the trial
through April 2026. As stated on the record at the January 16, 2025 hearing on the
Joint Motion for Plea Colloquy (Doc. 323) before the United States Magistrate
Judge, defense counsel agrees that he is obliged to seek a continuance through April
2026 given the defendant’s repeated expressed desire to have the case continued in
order to resolve the case without a trial. See Doc. 334.
The issue, however, has become the written waiver of speedy trial, which the
defendant has not signed, although he has verbalized his desire to continue the trial
to April 2026. 1 The parties therefore request that the Court make an ends of justice
finding under 18 U.S.C. § 3161 and continue the trial without a written waiver of
speedy, which law from this district supports. See Young v. Secretary, Department of
Corrections, 2018 WL 1183362 *2-3 (M.D. Fla. March 7, 2018) (“Counsel may waive
speedy trial even against a defendant’s wishes”; speedy trial may be waived by a
defendant’s attorney without the necessity of securing his prior informed consent).
BACKGROUND
1. On December 7, 2022, the defendant was charged by grand jury
indictment with one count of conspiracy to commit bank fraud, one count of bank
fraud, one count of making a false statement to a lending institution, and one count
of visa fraud. Doc. 1.
1
It should be noted that the defendant’s physical signature may hold evidentiary
value should the case go to trial.
2
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2. The indictment alleges, among other things, that the defendant
submitted a materially false Paycheck Protection Program loan application on behalf
of ASLAN International Ministry, Inc. to First Home Bank. The indictment further
alleges that, as a result of such application, the defendant and his co-conspirator(s)
fraudulently received funds over $8,000,000, which were later seized by the United
States.
3. From the time of the defendant’s initial appearance in December 2022
through March 2025, competency proceedings for the defendant were ongoing,
ultimately resulting in the defendant’s restoration to competency. See Docs. 9, 14, 70,
72, 94, 97, 121, 123, 201, 209, 213, 242, 251.
4. On October 1, 2025, the undersigned AUSA and defense counsel
received an email from the “Edwards Family” which attached an audio recording
stating: “This is Joshua Edwards. I don’t want to go to trial. Please help me make
agreement to go home. I will write my name.” Over the next month, the Edwards
Family sent several other emails expressing the defendant’s desire to resolve the case
without a trial.
5. On October 14, 2025, in light of the defendant’s expressed desire to
plead guilty, the United States offered the defendant a plea agreement. However, the
defendant never signed the plea agreement. Defense counsel expressed that the
defendant was either unable or unwilling to discuss the details of the plea with
counsel.
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6. On December 16, 2025, the parties filed a Joint Status Report (Doc.
318), requesting a date certain for the last week of January 2026 or a date in
February 2026.
7. On December 17, 2025, the parties filed a Joint Motion to Continue
(Doc. 319), requesting that the Court move the trial to the February 2026 trial term if
the Court was unavailable during the last week in January 2026.
8. On January 12, 2026, the Court set the trial date certain in this case for
January 26, 2026. Doc. 321.
9. On January 13, 2026, the parties filed the First Motion to Continue, the
allegations of which are incorporated herein. Doc. 322.
10. On January 14, 2026, the parties filed a Joint Motion for Plea Colloquy
requesting that the Court set a colloquy to inquire with the defendant how he wanted
to proceed in the case. Doc. 323.
11. On January 14, 2026, the Court entered the Jan. 14, 2026 Order
denying the First Motion to Continue, but stating that the Court would entertain a
re-filed motion if it were filed on or before January 16, 2026 and accompanied by a
waiver of speedy trial through the end of April 2026. Doc. 324.
12. On January 15, 2026, the undersigned AUSA and defense counsel
began receiving emails from the Edwards Family stating that the defendant is
requesting that the Court move the trial date to April 2026 because he desires to
resolve the case through plea agreement and not a trial. Some of these emails include
attached audio recordings of the defendant asking for the trial to be moved to April
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2026. Relevant excerpts of these emails and recordings are set forth below:
a. An email stating, “Joshua Edwards requests that you file the
papers with the Court to move the trial date. He wants it moved
to April 2026 because Joshua wants this resolved through plea
agreement…Josh said he read and was read the papers you
gave him and wants to make an agreement and sign his name
in front of Judge…Joshua said he can and wants to resolve
through plea agreement right away.”
b. An email stating, “Attached is Joshua Edwards recording
asking you to file to move the trail date.” Attached to that email
was an audio recording of the defendant stating: “This is
Joshua Edwards. I need more time. Please move the date.”
c. An email stating, “The reason Joshua wants to move the trial
date is he instead ‘wants to make an agreement and sign his
name in front of the Judge. I want to move the trial date to
April 2026.’” Attached to that email was an audio recording of
the defendant stating: “This is Joshua Edwards, I want to make
agreement…want to sign my name in front of the judge…and
I want to move the trial date to April 2026.”
13. On January 16, 2026, defense counsel met with the defendant in person
at which time the defendant conveyed that he wanted to move the trial to April and
that he wanted to sign the plea agreement, which the parties interpret as the
defendant’s desire to ultimately resolve the case without a trial. At this meeting,
defense counsel read the plea agreement to the defendant in its entirety. Defense
counsel also presented the defendant with a written waiver of speedy trial, which
defense counsel also read to the defendant.
14. On January 16, 2026 the United States Magistrate Judge held a status
conference and, later in the day, a hearing with the defendant present. Docs. 332,
334-35. At the hearing, defense counsel explained that, while his client has expressed
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a desire to move the trial and resolve the case without a trial, the defendant would
not sign any documents without first speaking to his family. Prior to the status
hearing, defense counsel asked the U.S. Marshals if the defendant could call his
sister. The U.S. Marshals were willing to permit the defendant to contact his sister,
however, the defendant indicated that he preferred to contact his sister only after he
was returned to the Orange County Jail, where the defendant is currently detained.
Defense counsel also raised the possibility of the Court accepting the defendant’s oral
waiver of speedy trial, but the Magistrate Judge advised that all matters concerning
speedy trial were to be brought before the District Judge. The Magistrate Judge also
made an inquiry of the defendant, asking him if he wanted to plead guilty. The
Defendant responded by stating that he wanted to speak with his family. The status
hearing ended at this point.
15. In light of these facts, including the defendant’s repeated desire to move
the trial to April 2026 as well as the complicated history of this case, the parties
renew their motion for a continuance and request that the Court make an ends of
justice finding without the defendant’s waiver of speedy trial.
MEMORANDUM OF LAW
The parties agree that the ends of justice in continuing the trial to the February
2026 trial term would outweigh the best interest of the public and the defendant in a
speedy trial. See 18 U.S.C. § 3161(h)(7)(A). Factors which the court must consider
include whether the failure to grant the continuance would be likely to result in a
miscarriage of justice, whether the case is so complex that it is unreasonable to
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expect adequate preparation for trial within the time limits established by the speedy
trial statute, and whether failure to grant the continuance would deny defense
counsel the reasonable time necessary for effective preparation, taking into account
the exercise of due diligence. 18 U.S.C. § 3161(h)(B)(1), (ii), (iv).
Here, in addition to the other reasons set forth in the First Motion to
Continue, the case should be continued to the April 2026 trial term so that the
defendant may be afforded a final opportunity to resolve the case without proceeding
to trial. As recently as the date of filing this motion, the defendant has expressed his
desire to sign a plea agreement and continue the trial to the April 2026 trial term to
allow him time to speak with his family before signing said agreement. Under the
specific circumstances of this case, the defendant requires more time than would
ordinarily be needed to resolve the case, and the parties request that the Court allow
him such time.
7
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In view of the above circumstances, the parties respectfully request this Court
make an ends of justice finding under 18 U.S.C. § 3161, continue the case for trial to
the April 2026 trial term, and set a date certain for that term.
Respectfully submitted,
GREGORY W. KEHOE
United States Attorney
By: /s/Kara M. Wick______ /s/ Andrew C. Searle
Kara M. Wick ANDREW C. SEARLE, ESQ.
Assistant United States Attorney Florida Bar No. 0116461
Florida Bar No. 0085578 SEARLE LAW P.A.
400 W. Washington Street, Suite 3100 200 East Robinson Street, Suite 1150
Orlando, Florida 32801 Orlando, Florida 32801
Telephone: (407) 648-7500 Telephone: 407-952-0642
Facsimile: (407) 648-7643 Email: andrew@searle-law.com
E-mail: kara.wick@usdoj.gov Attorney for Joshua Edwards
/s/Corey Cohen
COREY COHEN, ESQ.
Florida Bar No. 657840
21 Park Lake Street
Orlando, Florida 32803
Telephone: 407-246-0066
Email: corey@coreycohen.com
Attorney for Joshua Edwards
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Case 6:22-cr-00201-AGM-LHP Document 337 Filed 01/16/26 Page 9 of 9 PageID 1910
U.S. v. JOSHUA EDWARDS Case No. 6:22-cr-00201-WWB-LHP
CERTIFICATE OF SERVICE
I hereby certify that on January 16, 2026, I electronically filed the foregoing
with the Clerk of the Court by using the CM/ECF system which will send a notice of
electronic filing to the following:
Andrew Searle, Esq.
Corey Cohen, Esq.
By: /s/ Kara M. Wick
KARA M. WICK
Assistant United States Attorney
Bar No. 0085578
400 W. Washington Street, Suite 3100
Orlando, Florida 32801
Telephone: (407) 648-7500
Facsimile: (407) 648-7643
E-mail: kara.wick@usdoj.gov
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