USA v. Wilson

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:25-CR-52-KAC-JEM
)
BERNARD ALLEN WILSON, 	)
)
Defendants. 	)
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 Allen’s Unopposed Motion to Continue Plea Deadline and Trial Date [Doc. 26], which
he filed on December 17, 2025.
Defendant asks the Court to continue the December 29, 2025, plea deadline and the January
27, 2026, trial date by approximately 120 days [Id. at 2]. In support of his motion, Defendant
asserts that he filed a Motion to Suppress, which is scheduled for hearing by the Court on January
14, 2026 [Id. ¶ 2]. Defendant states that after the hearing, and the following Report and
Recommendation, the parties need time to respond, and Defendant needs additional time to
consider options for his case, to include potential plea discussions or trial preparation, after
receiving a ruling on his suppression motion [Id.]. Defendant states that he is detained in Laurel
County, Kentucky, which makes meetings with counsel and preparation difficult to complete
within the current case timeline [Id.]. Defendant’s motion reflects that counsel for the Government
does not oppose extending deadlines in this case [Id. ¶ 5]. Defendant Wilson understands the time
between the filing of the motion and his new trial date will be excludable under the Speedy Trial
Act [Id. ¶ 4].
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Based upon 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
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). Specifically, 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). Defense counsel needs additional time to litigate the pending Motion to Suppress and to
engage in plea negotiations and/or trial preparations depending on the outcome of the motion.
See id. § 3161(h)(1)(D), (H). The Court finds that all of this cannot occur before January 27, 2026,
trial date.
The Court therefore GRANTS Defendant Bernard Wilson’s Unopposed Motion to
Continue Plea Deadline and Trial Date [Doc. 26]. The date for the trial is reset to May 5, 2026. A
new, comprehensive trial schedule is included below. Because the Court has found that the ends
of justice 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 December 17, 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, it is ORDERED as follows:
(1) 	Defendant Bernard Wilson’s Motion to Continue Plea Deadline and
Trial Date [Doc. 26] is GRANTED;
(2) 	the 	trial 	date 	is 	reset 	to 	commence 	on 	May 	5, 	2026,
at 	9:00 	a.m., 	before 	the 	Honorable 	Katherine 	A. 	Crytzer,
United States District Judge;
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(3) 	all time between the filing of the motion on December 17, 2025,
and the new trial date of May 5, 2026, is fully excludable time under
the Speedy Trial Act for the reasons set forth herein;
(4) 	the parties shall appear before the undersigned for a suppression
hearing on January 14, 2026, at 1:30 p.m.;
(5) 	the deadline for filing a plea agreement in the record and providing
reciprocal discovery is April 6, 2026;
(6) 	the deadline for filing motions in limine is April 20, 2026, and
responses to motions in limine are due on or before April 28, 2026;
(7) 	the parties are to appear before the undersigned for a final pretrial
conference on April 21, 2026, at 1:00 p.m.; and
(8) 	requests for special jury instructions with appropriate citations to
authority pursuant to Local Rule 7.4 shall be filed on or before
April 24, 2026.
IT IS SO ORDERED.
ENTER:
_____________________________
Jill E. McCook
United States Magistrate Judge
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