USA v. Hicks, et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 3:25-CR-51-TAV-DCP
)
DARRIN ALBERT-EUGENE HICKS, and 	)
NY’KEMA CHAQUEZE WILLIAMS, 	)
)
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 Darrin Hicks’s Motion to Continue Trial [Doc. 92], filed on September 28, 2026.
Defendant Hicks asks to continue the October 27, 2026 trial date; the September 28, 2026
plea deadline; and other related deadlines [Id. ¶ 1]. As grounds, Defendant contends that additional
time is needed to complete litigation of his motions to suppress evidence [Id. ¶ 2]. Defendant asks
the Court to continue the trial for at least sixty days to allow time to “make a full resolution of the
case” [Id. ¶¶ 3, 5]. The motion relates that Defendant discussed his speedy trial rights with counsel
and understands that all time between the filing of the motion and the new trial date is excluded
from the speedy trial calculation [Id. ¶ 4]. The motion also states that the Government has no
objection to the requested continuance [Id. ¶ 5].
Codefendant Ny’Kema Williams responded that she is aware of her speedy trial rights and
does not oppose Defendant Hicks’s motion [Doc. 94].
Based upon the information in the motion and with the agreement of all parties, the Court
finds the ends of justice served by granting a continuance outweigh the interests of Defendants and
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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
the reasonable time necessary for effective preparation, even accounting for the exercise of due
diligence. See id. § 3161(h)(7)(B)(i), (iv). In this regard, Defendant Hicks filed motions to suppress
evidence on October 6, 2025 [Doc. 38] and December 9, 2025 [Doc. 51 (Franks motion)]. On
February 17, 2026, the undersigned held a hearing on Defendant Hicks’s suppression motions and
directed post-hearing briefing, which concluded on April 7, 2026 [See Docs. 67 & 75]. See id. §
3161(h)(1)(D). The undersigned entered a Report and Recommendation on the motions on July
31, 2026 [Doc. 85]. Defendant filed objections [Doc. 88], and the Government responded [Doc.
91]. The District Judge has the motions, Report and Recommendation, and the parties’ filings
under consideration. See id. § 3161(h)(1)(H). Additionally, the Court finds that counsel for all
parties will need time to prepare for trial after receiving the Court’s rulings on the motions. See id.
§ 3161(h)(7)(B)(iv). The Court finds that all of this cannot occur before the October 27, 2026 trial
date.
The Court therefore GRANTS Defendant Hicks’s unopposed Motion to Continue Trial
[Doc. 92]. The trial of this case is reset to January 12, 2027. A new trial schedule is included
below. Because the Court finds that the ends of justice served by granting a continuance outweigh
the interests of Defendants and the public in a speedy trial, all time between the filing motion to
continue on September 28, 2026, 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).
Accordingly, the Court ORDERS as follows:
(1) 	Defendant Hicks’s unopposed Motion to Continue Trial [Doc. 92]
is GRANTED;
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(2) 	the trial of this matter is reset to commence on January 12, 2027,
at 9:00 a.m., before the Honorable Thomas A. Varlan, United States
District Judge;
(3) 	all time between the filing of Defendant Hicks’s motion to continue
on September 28, 2026, and the new trial date of January 12, 2027,
is fully excludable 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 December 11, 2026;
(5) 	the parties are to appear before the undersigned for a final pretrial
conference on December 29, 2026, at 1:00 p.m.;
(6) 	the deadline for filing motions in limine is December 28, 2026,
and responses to motions in limine are due on or before January 5,
2027; and
(7) 	requests for special jury instructions with appropriate citations to
authority pursuant to Local Rule 7.4 shall be filed on or before
December 30, 2026.
IT IS SO ORDERED.
ENTER:
_____________________________
Debra C. Poplin
United States Magistrate Judge
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