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UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE


NASHVILLE DIVISION

UNITED STATES OF AMERICA )


)
v. ) No. 3:17-00092
) JUDGE TRAUGER
TAD ERIC CUMMINS )

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.

In support of said request, counsel submits the following:

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

this matter be set for trial in January, 2018.

18 U.S.C. 3161(h)(8)(A) provides, in pertinent part, that any period of delay

resulting from a continuance granted on the basis of a courts findings that the ends of justice

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served by granting of a continuance outweigh the best interests of the public and the defendant

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,

taking into account the exercise of due diligence.

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

preparation, taking into account the exercise of due diligence.

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

with this motion.

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

Attorney for Tad Eric Cummins

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CERTIFICATE OF SERVICE

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

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