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Motion To Continue Trial
Motion To Continue Trial
Comes Now, Tad Cummins (Mr. Cummins), through counsel, and respectfully requests
that this Honorable Court enter an order granting a continuance of his trial date, presently set for
July 25, 2017. Furthermore, counsel moves, pursuant to the Federal Rules of Criminal Procedure
Rule 12(c), that this Honorable Court grant an extension of the pre-trial motions filing deadline.
Mr. Cummins has been charged with a serious felony; unlawful transportation of a minor
under 18 U.S.C. 2423 and obstruction under 18 U.S.C. 1519 and 2. These allegations include
activity that spans from Tennessee to California. Counsel needs additional time to investigate the
circumstances and to research the issues. These matters involve a complicated set of unique issues
that require additional investigation. Counsel has been able to meet with Mr. Cummins in
person and discuss the case. However, there is still much discovery, research, and investigation,
that needs to be completed before proceeding to trial. While the government has no opposition
to a continuance, the parties have not agreed upon a tentative date. Mr. Cummins requests that
resulting from a continuance granted on the basis of a courts findings that the ends of justice
in a speedy trial shall be excluded in computing the time within which the trial must commence.
The factors that a judge shall consider in determining whether to grant a continuance are
found at 18 U.S.C. 3161(h)(8)(B)(iv). One such factor is whether the denial of a continuance
would deny counsel for the defendant the reasonable time necessary for effective preparation,
In light of the serious nature of the charge, the ongoing plea discussions, and the need to
conduct additional research and investigation, undersigned counsel submits that the interests of
justice will be served by the granting of a continuance. Further, he submits that the denial of a
continuance in the present case would deny him the reasonable time necessary for effective
Mr. Cummins respectfully requests that the Court continue the trial date until January
2018. Lastly, Mr. Cummins has signed a Speedy Trial Waiver prepared under the Plan For Prompt
Disposition of Criminal Cases and adopted by this Court, which is being filed contemporaneously
Respectfully submitted,
s/ Dumaka Shabazz
DUMAKA SHABAZZ (BPR#022278)
Assistant Federal Public Defender
810 Broadway, Suite 200
Nashville, TN 37203
615-736-5047
E-mail: dumaka_shabazz@fd.org
I hereby certify that on the 12th day of July, 2017, I electronically filed the foregoing
Motion To Continue with the U.S. District Court Clerk by using the CM/ECF system, which will
send a Notice of Electronic Filing to the following: Sara E. Myers, Assistant United States
Attorney, and Philip H. Wehby, Assistant United States Attorney, 110 Ninth Avenue South,
Suite A-961, Nashville, Tennessee 37203-3870.
s/ Dumaka Shabazz
DUMAKA SHABAZZ