USA v. GROSS et al

1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 1:25-cr-00170-TWP-MKK
)
AUSTIN GROSS, 	) 	-01
JASON LEWIS, 	) 	-02
ISAIAH WRIGHT, 	) 	-03
MAKAYLA HOCHSTETLER, 	) 	-04
JOSE SANCHEZ, 	) 	-05
RONTE MAJORS, 	) 	-06
JACOB BOBBITT, 	) 	-07
PHYLYDIA JACKSON, 	) 	-08
NATHAN DONLAN, 	) 	-09
JULIETTE GALLARDO ZAMORA, 	) 	-10
GAGE BUTLER, 	) 	-11
ALISHA SECREST, 	) 	-12
)
Defendants. 	)
ORDER GRANTING DEFENDANT GROSS'S MOTION FOR CONTINUANCE
This matter is before the Court on Defendant Austin Gross' Partially Opposed Motion to
Continue Jury Trial (Filing No. 439). The Government does not object to a continuance.
Defendants Jacob Bobbit, Nathan Donlan and Jose Sanchez do not object. Defendants Jason Lewis
and Juliette Zamora object. The position of remaining co-defendants is unknown. For the reasons
explained below, the Motion is granted and the delay attributable to the continuance is excludable
from the computations of time pursuant to provisions of the Speedy Trial Act.
I. DISCUSSION
This matter is scheduled for final pretrial conference on September 22, 2026, and trial by
jury on October 19, 2026. Defendant Gross, along with eleven co-defendants, are charged in an
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eleven-count Third Superseding Indictment (Filing No. 364). Gross is charged in ten counts; he is
charged with nine co-defendants in Count One (Conspiracy to Possess with Intent to Distribute
and to Distribute Controlled Substances); he is charged with three co-defendants in Count Seven
(Conspiracy to Launder Monetary Instruments); and he is charged with one co-defendant in Counts
Eight and Nine (Use of a Communication Facility to Facilitate Drug Trafficking). Jason Lewis is
the sole defendant charged in Count Eleven (Use, Carry and Discharge of a Firearm in furtherance
of a Drug Trafficking Crime. Gross is the sole defendant in the remaining five counts, all of which
are death-penalty-eligible: Count Two (Continuing Criminal Enterprise), Count Three (Tampering
with a Witness), and Counts Four, Five, and Six (Causing Death by Using a Firearm During and
in Relation to a Crime of Violence).
On April 21, 2026 the Government field a Notice of Intent to Seek the Death Penalty
against Gross. (Dkt. 404 ). On May 5, 2026, Gross filed the instant Partially Opposed Motion to
Continue Jury Trial, stating "[g]iven the recently filed Notice of Intent to Seek Death Penalty, Mr.
Gross seeks an initial 12-month continuance to October 2027". (Dkt. 439). The Government does
not object to a continuance. Id. at 3. Defendants Jacob Bobbit, Nathan Donlan and Jose Sanchez
do not object. Id. at 2. The position of Defendants Isaiah Wright, Gage Butler, Makayla
Hochstetler, Phylydia Jackson, Alisha Seacrest and Ronte Majors is unknown. Defendants Jason
Lewis and Juliette Zamora object, "due to the length of time requested." Id.
The Seventh Circuit has stated that in deciding whether to grant a motion to continue, a
district court should consider several factors, including: (1) the amount of time available for
preparation; (2) the likelihood of prejudice from denial of the continuance; (3) the defendant’s role
in shortening the effective preparation time; (4) the degree of complexity of the case; (5) the
availability of discovery from the prosecution; (6) the likelihood that a continuance will satisfy the
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movant’s needs; and (7) the inconvenience and burden to the district court and its pending case
load. U.S. v. Volpentesta, 727 F.3rd 666, 679 (7th Cir. 2013).
The Court has considered the factors recognized by the Seventh Circuit. This case has been
pending for approximately 9 months and there have been no prior continuances of the trial date.
Giving the filing of the death penalty notice, the likelihood of prejudice to Gross from denial of a
continuance is substantial. The Court finds no inconvenience and burden to the district court and
its pending case load by granting the request to continue this trial.
A continuance is likely to satisfy the movants needs. This case was previously certified
complex, and the filing of the death penalty notice significantly increases the complexity of the
case. Federal courts frequently grant a continuance to allow the defense time to prepare after a
notice of intent to pursue the death penalty is filed. See United States v. George, Criminal Action
No. 17-201, 2018 WL 6812497, at *8 (E.D. La. Dec. 27, 2018) (finding that a continuance of a
joint trial where government sought death penalty for some of the defendants did not violate the
non-capital defendant's speedy trial rights and granting continuance over non-capital defendant's
objection); United States v. Reddick, Crim. No. 09-mj-2001, 2010 WL 5253527, at *5 (D. N.J.
Dec. 17, 2010) ("Given the implications for defendant, it is unreasonable to expect adequate
preparation for pretrial proceedings or for the trial itself within the time periods in the Speedy Trial
Act.") (citing United States v. Bernacett Cosme, 127 F. Supp. 2d 271, 273 (D.P.R. 2001) (granting
a continuance "stopping the STA clock" based on the possibility the government would seek the
death penalty); United States v. Storey, 927 F. Supp. 414, 415–16 (D. Kan. 1996) (granting a
continuance where the defendant faced the death penalty because, "[g]iven the nature of the
charges against the defendant and the penalty he faces, the case is too complex to expect adequate
preparation for pretrial proceedings within the time limits established by §3161(c)(1)").
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With respect to the two objectors— Jason Lewis (2) and Juliette Zamora (10) — Jason
Lewis is charged in Counts One and Eleven, and Juliette Zamora is charged in Counts One and
Five. On May 5, 2026, Juliette Zamora filed a petition to enter a plea of guilty (Filing No. 438), so
her objection is now moot. In addition, several of Gross' other co-defendants have filed petitions
to plead guilty: Gage Butler (11), Makayla Hochstetler (4), Phyldia Jackson (8), Alisa Seacrest
(12) Ronte Majors (6), Isaiah Wright (3), Nathan Dolan (9), and the Government has extended
plea offers and anticipates that most of the remaining co-defendants will not proceed to trial.
Concerning Jason Lewis' objection, his general opposition to a continuance is not
persuasive—and he does not indicate how he would be prejudiced by the delay. Under the
circumstances here, the interest of justice is best served by the delay to allow a final death penalty
defense team to be assembled for Gross, and to allow adequate time for investigation and
preparation of a quality defense. These interests outweigh the interests of the public and the
defendants in a speedy trial in this case.
Accordingly, the Court finds that a reasonable period of delay in the trial, until October
2027, is both warranted and excludable from the speedy trial clock, and the risk of prejudice arising
from such reasonable delay is outweighed by the economics of a single trial in which all facets of
the crime, as to all indicted co-defendants, can be explored once and for all. 18 U.S.C. §
3161(h)(6); United States v. Alviar, 573 F.3d 526, 539 (7th Cir. 2009) (quoting Zafiro v. United
States, 506 U.S. 534, 537 (1993) (quoting Richardson v. Marsh, 481 U.S. 200, 209-10 (1987))
(internal citations omitted). "An excludable delay of one defendant may be excludable as to all co-
defendants, absent severance.” United States v. Rollins, 544 F.3d 820, 829 (7 th Cir. 208).
Accordingly, over the objection of Defendant Jason Lewis, the request for continuance of the trial
is granted.
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II. CONCLUSION
For the reasons stated above, Defendant Gross' Partially Opposed Motion to Continue Jury
Trial (Filing No. 439) is GRANTED. It is therefore Ordered that the October 19, 2026 trial and
the 	September 	22, 	2026 	final 	pretrial 	conference 	are 	VACATED. 	This 	action 	is
RESCHEDULED for a final pretrial conference on September 14, 2027 at 9:00 a.m. in Room
344 and trial by jury on October 4, 2027 at 9:00 a.m. in Room 344, Birch Bayh Federal Building
and United States Courthouse, Indianapolis, Indiana. The Defendants shall appear at the final
pretrial conference.
The delay resulting from the resetting of the trial date is excluded from the period in which
the Defendants must be brought to trial under the Speedy Trial Act pursuant to 18 U.S.C. §
3161(c)(1) and 3161(h)(6) and (7) because the ends of justice will be served by such action and
outweigh the best interests of the public and the Defendants in a speedy trial. It is further,
ORDERED that the period of delay from the filing of the motion to continue to the new trial
setting be excluded for speedy trial calculations pursuant to 18 U.S.C. § 3161(h)(7)(B)(ii) and 18
U.S.C. § 3161(c)(1).
IT IS SO ORDERED.
Date: 	5/19/2026
Distribution:
Patrick S Aguirre
Law Offices of Patrick S. Aguirre
attorney@paguirrelaw.com
Jeffrey A. Baldwin
VOYLES VAIANA LUKEMEYER BALDWIN & WEBB
jbaldwin@voyleslegal.com
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Gwendolyn M. Beitz
INDIANA FEDERAL COMMUNITY DEFENDERS
gwendolyn_beitz@fd.org
Michelle Patricia Brady
DOJ-USAO
michelle.brady@usdoj.gov
Tyler E. Brant
DePrez, Johnson, Brant & Eads, P.A.
tylerbrant@shelbylaw.com
Adam B. Brower
BANKS & BROWER LLP
adam.brower@banksbrower.com
Julie A. Chambers
Julie Chambers CJA Panel Attorney
julie@chamberslawllc.com
Belle T. Choate
ATTORNEY AT LAW
choatebelle@gmail.com
James A. Edgar
J. EDGAR LAW OFFICES, PC.
jedgarlawyer@gmail.com
Terrance Lamont Kinnard
Kinnard Rowley Powers Jimenez
tkinnard@krpjlaw.com
Steven Ian Loew
DOJ-Crm
steven.loew2@usdoj.gov
Scott Aaron Milkey
MCNEELYLAW LLP
SMilkey@McNeelyLaw.com
Carolyn E Powers
Kinnard, Rowley, Powers, Jimenez
cpowers@krpjlaw.com
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Terry Wayne Tolliver
Brattain Minnix Tolliver
terry@bmtindy.com
Julie L. Treida
TREIDA LAW
treidalaw@gmail.com
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