5:26-cr-00018•USA v. Burns
Full text
1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) Case No. CR-26-18-D ) DARTAGNON EVERETTDEAN ) BURNS, ) ) Defendant. ) ORDER Before the Court is Defendant’s Unopposed Motion to Continue Jury Trial [Doc. No. 22]. For the following reasons, the motion is GRANTED. BACKGROUND Defendant was charged in a three-count Indictment [Doc. No. 18] with attempted coercion and enticement, in violation of 18 U.S.C. § 2422(a) (Count 1); distribution of child pornography, in violation of 18 U.S.C. § 2252A(a)(2) (Count 2); and possession of and access with intent to view material containing child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B) (Count 3). Defendant appeared for arraignment before United States Magistrate Judge Amanda L. Maxfield on January 21, 2026, and entered a plea of not guilty. The case was set on the Court’s March 10, 2026 jury trial docket [Doc. No. 20]. On February 11, 2026, Defendant filed the instant motion to continue the jury trial to the May 12, 2026 trial docket [Doc. No. 22]. Defense counsel represents that he needs additional time to consult with Defendant, review discovery, investigate relevant facts of Case 5:26-cr-00018-D Document 23 Filed 02/17/26 Page 1 of 3
2 the case, and explore a possible resolution of this matter. The government is not opposed to a continuance. Defendant has filed a Waiver of Speedy Trial [Doc. No. 22-1]. ANALYSIS Upon consideration of the motion and the ends of justice, the Court finds that the need for a continuance outweighs the best interests of Defendant and the public in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A); see also United States v. Toombs, 574 F.3d 1262, 1273 (10th Cir. 2009). For the reasons set forth in Defendant’s motion, the Court finds that a refusal to grant the requested continuance would unreasonably deny Defendant’s counsel the time reasonably necessary for effective preparation, despite due diligence, and would likely result in a miscarriage of justice. In making these findings, the Court has fully considered the statutory factors set forth in § 3161(h)(7)(B) and has concluded that the requested continuance is fully consistent with congressional policies and binding precedent. See Bloate v. United States, 559 U.S. 196, 214 (2010); Toombs, 574 F.3d at 1269. The Court has also considered the length of delay, the reason for delay, any prejudice, and other relevant circumstances. Toombs, 574 F.3d at 1273. Further, no circumstance is present that would prohibit a continuance pursuant to § 3161(h)(7)(C). Therefore, the period of delay caused by the granting of this motion is excludable for purposes of the Speedy Trial Act. Accordingly, Defendant’s Unopposed Motion to Continue Jury Trial [Doc. No. 22] is GRANTED. This case is stricken from the March 10, 2026 jury trial docket and is rescheduled on the May 12, 2026 jury trial docket. The parties shall file all pre-trial motions on or before April 14, 2026. Case 5:26-cr-00018-D Document 23 Filed 02/17/26 Page 2 of 3
3 IT IS SO ORDERED this 17 th day of February, 2026. TIMOTHY D. DeGIUSTI Chief United States District Judge Case 5:26-cr-00018-D Document 23 Filed 02/17/26 Page 3 of 3
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.