United States v. Martin

334 F. Supp. 3d 860
CourtDistrict Court, W.D. Kentucky
DecidedAugust 14, 2018
DocketCriminal Action No. 3:17-cr-141-DJH
StatusPublished
Cited by2 cases

This text of 334 F. Supp. 3d 860 (United States v. Martin) is published on Counsel Stack Legal Research, covering District Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Martin, 334 F. Supp. 3d 860 (W.D. Ky. 2018).

Opinion

David J. Hale, Judge

On April 20, 2018, a jury convicted Defendant Donald Martin of attempting to entice a person under the age of eighteen years to engage in sexual activity, in violation of 18 U.S.C. § 2422(b). (Docket No. 83; see also D.N. 1) The jury also convicted Martin of traveling from Indiana to Kentucky for the purpose of engaging in sexual activity with a fifteen-year-old person, in violation of 18 U.S.C. § 2423(b). (D.N. 83; D.N. 1) Martin now moves for judgment of acquittal and a new trial pursuant to Federal Rules of Criminal Procedure 29 and 33. (D.N. 85) In support of his motion, Martin raises three arguments. He first contends that his rights under the Speedy Trial Act were violated. (Id. , PageID # 498-99) Martin also maintains that the government failed to carry its burden to rebut his entrapment defense. (Id. , PageID # 500) And finally, he takes issue with the Court's jury instructions and its handling of a question it received from the jury during deliberations. (Id. , PageID # 500-501) For the reasons set forth below, Martin's objections do not require judgment of acquittal or a new trial. The Court will therefore deny his motion.

I. Speedy Trial Act

Martin moves for dismissal of this action based on an alleged violation of his rights under the Speedy Trial Act, 18 U.S.C. §§ 3161 - 74. As an initial matter, the United States maintains that Martin waived his STA objection by failing to move for dismissal prior to trial. (D.N. 95, PageID # 711-12) Under Federal Rule of Criminal Procedure 12, an objection based on "a violation of the constitutional right to a speedy trial" must be raised before trial "if the basis for the motion is then reasonably available and the motion can be determined without a trial on the merits." Fed. R. Crim. P. 12(b)(3)(A)(iii) ; see also 18 U.S.C. § 3162(a)(2) ("Failure of the defendant to move for dismissal prior to trial ... shall constitute a waiver of the right to dismissal under [the STA]." (emphasis added) ). However, as Martin argues in his reply brief (D.N. 99), a formal motion prior to trial is not required.1 "[A] defendant's oral objections [suffice] ... so long as the defendant brings to the [C]ourt's attention his belief that his STA rights have been violated." United States v. Brown , 819 F.3d 800, 823 (6th Cir. 2016). Martin raised objections to continuance in his response to the United States' December 13, 2017 motion to continue. (D.N. 28; see also D.N. 25) He also raised objections orally at a status conference on January 26, 2018.

*863(See D.N. 47) The Court therefore finds that Martin timely objected to the alleged STA violation.

As to the merits of his STA objection, Martin argues that the Court erred in granting the United States' December 13, 2017 motion to continue. (D.N. 85, PageID # 499) He also contends that the delay attributable to his motions to suppress should not be excluded from the STA calculation because the motions were "due to the government[ ] having provided new, additional, Rule 16 material to the defense." (Id. ) Neither argument is persuasive.

First, the Court did not err in granting the United States' motion to continue. As explained in its prior order, the Court may grant a continuance when failure to do so "would unreasonably deny ... the Government continuity of counsel, or would deny ... the attorney for the Government the reasonable time necessary for effective preparation." (D.N. 30, PageID # 201) 18 U.S.C. § 3161(h)(7)(B)(iv). On December 13, 2017, the second prosecutor assigned to this action moved to continue the jury trial due to the first prosecutor's medical leave of absence. (D.N. 25) In light of the request, the Court found that continuing the trial for twenty-seven days would provide the Government continuity of counsel and the reasonable time necessary for effective preparation and that the delay should therefore be excluded in computing the time within which the trial must commence under the STA. (D.N. 30) See also 18 U.S.C. § 3161(h)(7)(B)(iv) ; United States v. Strickland , 342 F. App'x 103, 110-111 (6th Cir. 2009) ("The district court determined that 'failure to grant a continuance ... would unreasonably deny Defendant and the Government continuity of counsel' .... The district court did not err." (emphasis added) ). Martin presents no authority indicating that the Court erred in that conclusion. (See D.N. 85) Indeed, he merely rehashes the arguments that this Court rejected in granting the motion to continue. (Id. ) Accordingly, the period of delay from January 2, 2018 to January 29, 2018 was properly excluded from the STA calculation.

Second, under the STA, any "delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion" is excludable. 18 U.S.C. § 3161(h)(1)(D) ; United States v. Sutton , 862 F.3d 547, 553 (6th Cir. 2017) (finding that the period of delay from the defendant's filing of his motion to dismiss until the Court's resolution of the motion was excludable under the STA).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Martin v. Cole
E.D. Michigan, 2024
Martin v. Garland
District of Columbia, 2023

Cite This Page — Counsel Stack

Bluebook (online)
334 F. Supp. 3d 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-martin-kywd-2018.