USA v. Hillard

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, )
)
Plaintiff, )
v. ) No. 3:24-CR-139-TAV-DCP
)
KEVIN SCOTT HILLARD, )
)
Defendant. )
MEMORANDUM AND ORDER
All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C.
§ 636(b) for disposition or recommendation as appropriate. This case is before the Court on
Defendant Kevin Scott Hillard’s Unopposed Motion to Continue Plea Deadline and Trial Date
[Doc. 23], filed on November 12, 2025.
Defendant requests the Court to continue the plea deadline, set for November 14, 2025,
and the trial date, set for December 16, 2025 [Id. at 1]. In support of his motion, Defendant states
that his counsel and the Government are in good communication regarding his case and will
continue to work toward a resolution in the matter [Id. ¶ 1]. Despite due diligence, the parties
request additional time to negotiate a potential resolution [Id.]. Furthermore, Defendant is remotely
detained in London, Kentucky, and states that securing legal visits at the remote facility has been
difficult due to staffing issues and lack of available appointment times [Id.]. Defendant’s motion
reflects that the Government does not oppose the continuance [Id. ¶ 4]. Defendant understands that
the period of time between the filing of the motion to continue and the rescheduled court date will
be fully excludable for speedy trial purposes [Id. ¶ 3].
Based on the information in Defendant’s motion and because the Government does not
oppose the continuance, the Court finds the ends of justice served by granting a continuance
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outweigh the interests of Defendant and the public in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A).
In making this determination, the Court has considered the factors set forth in 18 U.S.C. §
3161(h)(7)(B). In consideration of these factors, the Court concludes that failing to grant a
continuance would both result in a miscarriage of justice and deny counsel for Defendant the
reasonable time necessary for effective preparation, taking into account the exercise of due
diligence. See id. § 3161(h)(7)(B)(i), (iv). Defendant needs the additional time to receive and
consider a formal plea offer, and if that does not resolve the case, otherwise prepare for trial. The
Court finds that all of this cannot occur before the December 16, 2025 trial date.
The Court therefore GRANTS Kevin Scott Hillard’s Unopposed Motion to Continue Plea
Deadline and Trial Date [Doc. 23]. The trial of this case is reset to February 24, 2026. A new,
comprehensive trial schedule is included below. Because the Court finds that the ends of justice
are served by granting a continuance outweigh the interests of Defendant and the public in a speedy
trial, all of the time between the filing of the motion on November 12, 2025, and the new trial date
is fully excludable time under the Speedy Trial Act. See 18 U.S.C. § 3161(h)(1)(D), (h)(7)(A)–
(B).
Accordingly, the Court ORDERS as follows:
(1) Defendant Kevin Hillard’s Unopposed Motion to Continue Plea
Deadline and Trial Date [Doc. 23] is GRANTED;
(2) the trial of this matter is reset to commence on February 24, 2026,
at 9:00 a.m., before the Honorable Thomas A. Varlan, United States
District Judge;
(3) all time between the filing of the motion on November 12, 2025,
and the new trial date of February 24, 2026, is fully excludable time
under the Speedy Trial Act for the reasons set forth herein;
(4) the deadline for filing a plea agreement in the record and providing
reciprocal discovery is January 23, 2026;
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(5) the deadline for filing motions in limine is February 9, 2026.
Responses to motions in limine are due on or before February 17,
2026;
(6) the parties are to appear before the undersigned for a final pretrial
conference on February 10, 2026, at 1:00 p.m.; and
(7) requests for special jury instructions with appropriate citations to
authority pursuant to Local Rule 7.4 shall be filed on or before
February 13, 2026.
IT IS SO ORDERED.
ENTER:
_____________________________
Debra C. Poplin
United States Magistrate Judge
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