USA v. Armstrong, et al.,

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:25-CR-29-TAV-JEM
)
MONTAZE DWANNE ARMSTRONG, JR., 	)
CHRISTOPHER MAC DEZARN, and 	)
PRESTON CODY MCMURRAY 	)
)
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 the
Defendant Montaze D. Armstrong, Jr.’s Motion to Continue Trial Date and Plea Deadline
[Doc. 52], filed on October 20, 2025.
Defendant requests the Court to continue the plea deadline, set for October 20, 2025, and
the trial date, set for November 18, 2025 [Id.]. In support of the motion, Defendant states his
counsel has been involved in a good faith effort to resolve his case [Id. ¶ 1]. Despite due diligence,
additional time is needed for Defendant’s counsel to further communicate with Defendant, discuss
factual and legal issues, and confer with the Government regarding a potential resolution in this
matter [Id.]. Additionally, Defendant’s counsel needs the additional time to communicate with
Defendant because Defendant is remotely detained in London, Kentucky [Id.]. Defendant’s motion
reflects that counsel for the Government does not oppose the requested continuance [Id. ¶ 4].
Defendant understands that the period between the filing of the motion for continuance and a
rescheduled court date will be fully excludable for speedy trial purposes [Id. ¶ 3].
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Codefendant Christopher Mac Dezarn filed a notice of no objection to the proposed
continuance, as he has already signed a plea agreement [Doc. 57 p. 1]. Codefendant Dezarn noted
he was aware of any speedy trial issue [Id.]. Codefendant Preston McMurray also filed a notice of
no objection to the motion to continue and his counsel waived his rights allotted to him under the
Speedy Trial Act [Doc. 58 p. 1].
Based upon the information in Defendant’s motion and because the Government and
codefendants do 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). Defendant’s counsel needs more time to communicate with Defendant,
discuss factual and legal issues, confer with the Government regarding a potential resolution, and
otherwise prepare for trial. The Court finds that all of this cannot occur before the November 18,
2025 trial date.
The Court therefore GRANTS Defendant Montaze D. Armstrong Jr.’s Motion to Continue
Trial Date and Plea Deadline [Doc. 52]. The trial of this case is reset to March 31, 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 time between the filing of the motion on October 20, 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)(1)(H), &
(h)(7)(A)–(B).
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Accordingly, the Court ORDERS as follows:
(1) 	Defendant Montaze D. Armstrong Jr.’s Motion to Continue Trial
Date and Plea Deadline [Doc. 52] is GRANTED;
(2) 	the trial of this matter is reset to commence on March 31, 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 October 20, 2025, and
the new trial date of March 31, 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 February 27, 2026;
(5) 	the deadline for filing motions in limine is March 16, 2026, and
responses to motions in limine are due on or before March 24, 2026;
(6) 	the parties are to appear before the undersigned for a final pretrial
conference on March 17, 2026, at 11:30 a.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
March 20, 2026.
IT IS SO ORDERED.
ENTER:
__________ __________________
Jill E. McCook
United States Magistrate Judge
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