USA v. Timberlake

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Criminal No. 25-232(DSD/SGE)
United States of America,
Plaintiff,
v. 	ORDER
Tavon Tarrell Timberlake,
Defendant.
This matter is before the court upon the motion by defendant
Tavon 	Tarrell 	Timberlake 	to 	dismiss 	the 	indictment. 	For 	the
following reasons, the motion is granted.
On June 10, 2025, a grand jury indicted Timberlake on a charge
of 	felon 	in 	possession 	of 	a 	firearm. 	The 	court 	set 	a 	trial 	date
of 	August 	25, 	2025. 	On 	August 	15, 	2025, 	the 	government 	filed 	a
motion to continue the trial date and to exclude time for at least
60 days. 	ECF No. 19. 	The motion remains pending with no new trial
date set and no follow-up from the government. 	On January 9, 2026,
Timberlake 	filed 	this 	motion 	to 	dismiss 	the 	indictment 	for
violating 	his 	speedy 	trial 	rights. 	The 	matter 	is 	now 	fully
briefed. 	The 	court 	notes 	that 	the 	government 	failed 	to 	comply
with the ordered briefing deadline. 	See ECF Nos. 23-28. 	The court
will 	nevertheless 	consider 	the 	government’s 	opposition 	to 	the
motion given the import of this matter.
Under 	the 	Speedy 	Trial 	Act, 	a 	defendant 	must 	be 	brought 	to
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trial 	within 	70 	days 	of 	his 	indictment 	or 	arraignment, 	whichever
is 	later. 	18 	U.S.C. 	§ 	3161(c)(10; 	United 	States 	v. 	DeGarmo, 	450
F.3d 360, 362 (8th Cir. 2006). 	Certain periods are excluded from
the 	calculation. 	Id. 	Relevant 	here, 	the 	clock 	is 	stopped 	by
“delay reasonably attributable to any period, not to exceed thirty
days, 	during 	which 	any 	proceeding 	concerning 	the 	defendant 	is
actually 	under 	advisement 	by 	the 	court.” 	18 	U.S.C.
§ 3161(h)(1)(H); see Henderson v. United States, 476 U.S. 321, 329
(1986).
Here, 	under 	this 	authority, 	the 	pending 	motion 	for
continuance paused the speedy trial clock by no more than 30 days.
Timberlake 	has 	been 	in 	custody 	for 	199 	days. 	Even 	with 	30 	days
excluded, 	the 	time 	he 	has 	awaited 	trial 	is 	well 	over 	70 	days.
Under 	these 	circumstances, 	the 	court 	must 	grant 	the 	motion 	to
dismiss. 	United States v. Koory, 20 F.3d 844, 846 (8th Cir. 1994).
Accordingly, IT IS HEREBY ORDERED that:
1. 	The motion to dismiss [ECF No. 22] is granted;
2. 	The case is dismissed with prejudice.
Dated: February 23, 2026
s/Paul A. Magnuson for
David S. Doty, Judge
United States District Court
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