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Description: Knoxville, Tennessee criminal defense lawyers represented defendants charged with conspiracy to distribute drugs.


All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the District Judge as may be appropriate. This case came before the undersigned on July 5, 2022, for a telephonic hearing on Defendant Williams's Motion to Continue Trial Date and All Related Deadlines [Doc. 123], filed on June 21, 2022. Assistant United States Attorney Alan S. Kirk appeared by telephone on behalf of the Government. The following defense counsel appeared via telephone: Attorney Christopher Rodgers appeared on behalf of Defendant Blair; Attorney Ryan Kinderman appeared in place of Attorney Alex Robert Kessel on behalf of Defendant Marriotti; Attorney Jamie Poston Hughes appeared on behalf of Defendant Waldo; and Attorney Russell T. Greene appeared on behalf of Defendant Williams.

In his motion [Doc. 123], Defendant Williams asks the Court to continue the July 19, 2022, trial in this matter and all related deadlines. The motion relates that Defendant Williams's counsel has received and reviewed much of the discovery in this matter and has discussed a potential resolution of Defendant Williams's case with the Government. Defendant Williams's counsel

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states that he needs more time to investigate the parameters of the proposed resolution and how they impact Defendant Williams. In addition, counsel needs more time to discuss the potential agreement with Defendant Williams because he is currently being housed at the Laurel County Detention Center in Kentucky. The motion indicates that the Government does not oppose the requested continuance.

At the hearing, Defendant Williams relied on his motion [Doc. 123]. Defendants Blair and Waldo stated through counsel that they did not oppose the requested continuance. Defendant Marriotti's counsel explained that Defendant Marriotti has had no contact with his counsel, and he appears to have absconded; thus, Defendant Marriotti's counsel could not stipulate regarding the requested continuance. The Government confirmed that it does not oppose the requested continuance and also stated that it had intended on filing its own motion for a continuance prior to the filing of Defendant Williams's motion due to Defendant Marriotti's location being unknown. The parties agreed to a new trial date of December 13, 2022.

The Court finds Defendant Williams's Motion to Continue Trial Date and All Related Deadlines [Doc. 123] is well taken and unopposed by those defendants still awaiting trial, except for Defendant Marriotti whose position cannot be determined at this time. The Court also finds that the ends of justice served by granting a continuance outweigh the interest of the defendants and the public in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). The Court finds a trial continuance is necessary to provide defense counsel more time to engage in negotiations toward potential resolutions of this matter, to investigate the effects of any proposed resolutions on each defense counsel's respective client, and to otherwise prepare this matter for trial if those negotiations prove unfruitful. The Court finds that all of this cannot occur before the July 19, 2022, trial date. Accordingly, the Court finds that a trial continuance is warranted for counsel to have the reasonable

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time necessary to prepare for trial despite their use of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).
United States v. Blair (E.D. Tenn. 2022)


21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A) and 841(b)(1)(C) Conspiracy to distribute fifty (50) grams or more of methamphetamine
(1)
21 U.S.C. § 841(a)(1) and 841 (b)(1)(C) Possession with intent to distribute a mixture and substance containing a detectable amount of methamphetamine
(2)
21 U.S.C. § 841(a)(1) and 841 (b)(1)(B) Possession with intent to distribute five(5) grams or more of methamphetamine
(3)
21 U.S.C. § 841(a)(1) and 841 (b)(1)(C) Possession with intent to distribute a mixture and substance containing a detectable amount of heroin
(4)
21 U.S.C. § 841(a)(1) and 841 (b)(1)(A) and 18 U.S.C. § 2 Possession with intent to distribute fifty (50) grams or more of methamphetamine
(5)
18 U.S.C. § 924(C) Possession of a firearm in furtherance of a drug trafficking crime
(6)
18 U.S.C. § 922(g)(1) Possession of a firearm by a convicted felon
(7)

Outcome: Granted.

Plaintiff's Experts:

Defendant's Experts:

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