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Order on Motion to Continue Trial — United States v. Nathan Reardon, No. 1:21-cr-00061-LEW (Dkt. 128, D. Me.)

Summary

U.S. District Judge Lance E. Walker of the District of Maine denied Nathan Reardon's motion for a two-month continuance of the trial set to begin on July 11, 2022, in an order filed 06/30/22. The defense said counsel had run out of time to prepare given the large volume of material to review, and the government opposed the motion. The order says a large volume of materials does not by itself require a continuance without a specific explanation of why particular materials justify more time, and Reardon gave none. It notes that more than two weeks had passed since the government provided additional materials, and that the request contradicts Reardon's earlier request, filed four weeks before, for a trial date certain in July. The motion, ECF No. 126, is denied.

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Full text

Case 1:21-cr-00061-LEW         Document 128 Filed 06/30/22           Page 1 of 2    PageID #:
                                       <pageID>



                            UNITED STATES DISTRICT COURT

                                  DISTRICT OF MAINE


UNITED STATES OF AMERICA,                  )
                                           )
         v.                                )
                                           )
NATHAN REARDON,                            )              No. 1:21-cr-00061-LEW
                                           )
               Defendant.                  )


                    ORDER ON MOTION TO CONTINUE TRIAL

         Defendant, Nathan Reardon, has requested a two-month continuance of his trial,

currently slated to begin on July 11, 2022. Defendant’s chief concern is that he and his

attorney have run out of time to properly prepare for trial in light of the large volume of

material that counsel must review before trial. The government opposes Defendant’s

motion.

         Though a number of factors guide a court’s calculus regarding whether to continue

a trial, the decision ultimately turns on whether “substantial prejudice” will likely result if

the trial proceeds as scheduled. United States v. Delgado-Marrero, 744 F.3d 167, 196 (1st

Cir. 2014) (internal quotations omitted). “Ensuring that counsel possess adequate time to

prepare for trial is a valid reason to continue an action.” United States v. Agosto-Pacheco,

432 F. Supp. 3d 13, 23 (D.P.R. 2019). But a large volume of materials does not itself

necessitate a continuance absent some “specific explanation . . . as to why those particular

materials justif[y] additional time.” United States v. Williams, 630 F.3d 44, 48 (1st Cir.

2010).
Case 1:21-cr-00061-LEW         Document 128 Filed 06/30/22           Page 2 of 2    PageID #:
                                       <pageID>



       Here, Defendant has provided no such specific explanation, instead simply

cataloguing the materials at issue in this case. What’s more, over two weeks have elapsed

since the government provided defense counsel with additional materials for trial, which

the government describes as something short of voluminous, providing ample time for

counsel to review the documents and to understand their significance for trial. Defendant’s

request for a continuance is perplexing insofar as it directly contradicts his earlier request—

filed only four weeks ago—that I schedule his case for trial for a date certain in July. In

any event, I know defense counsel to be a competent attorney and am confident in his

ability to be prepared for trial in July as he requested.

       Defendant’s Motion to Continue Trial (ECF No. 126) is therefore DENIED.

       SO ORDERED.

       Dated this 30th day of June, 2022.

                                             /s/ Lance E. Walker
                                            UNITED STATES DISTRICT JUDGE




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