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United States v. Spencer

United States District Court, S.D. Ohio, Western Division, Dayton

May 11, 2018

United States of America, Plaintiff,
v.
Charles Darnell Spencer, Defendant.

         OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR GOVERNMENT'S ATTORNEYS TO RECUSE THEMSELVES FROM CASE, (ECF 197), DEFENDANT'S MOTION TO DISMISS INDICTMENT BASED ON OUTRAGEOUS GOVERNMENT CONDUCT, (ECF 198) AND DEFENDANT'S MOTION TO CONTINUE TRIAL. (ECF 199)

          THOMAS M. ROSE UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on three motions: Defendant's Motion for Government's Attorneys to Recuse Themselves from Case, ECF 197, Defendant's Motion to Dismiss Indictment Based on Outrageous Government Conduct, ECF 198, and Defendant's Motion to Continue Trial. ECF 199. The Court will initially recount the procedural background leading up to what it, by the Court's count, is Defendant's Fourteenth motion to continue.

         Over two years ago, on April 28, 2016, a complaint was filed alleging that Defendant Charles Darnell Spencer knowingly and intentionally conspired to possess with intent to distribute a substance containing a detectable amount of heroin, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1). ECF 1. He and Co-Defendants Deontay Lavern Satterwhite, Guy White and William Clarence Etchison, Jr. were arrested April 29, 2016. ECF 5.

         On June 29, 2016, all parties filed Second Joint Motion for an Order Extending Time to File Indictment or Information, ECF 21, which the Court granted. ECF 23.

         On August 22, 2016, Myron P. Watson entered an appearance to represent Defendant Charles Darnell Spencer. ECF 42, 44. Attorney Watson promptly filed another motion to continue the arraignment as regards Spencer. ECF 43. On August 23, 2016, Spencer was arraigned.

         On September 2, 2016, the Court issued a scheduling order, setting a trial date of September 26, 2016. ECF 46.

         On September 9, 2016, Attorney Watson filed a motion to continue for Spencer based on the need to review voluminous amounts of records. ECF 47. On September 19, Etchison filed a motion to continue. ECF 48. On September 20, 2016, the Court granted the motions, moving the trial to December 5, 2016. ECF 49.

         On October 6, 2016, Spencer filed a motion to extend the Court's motion deadline. ECF 56. On October 12, 2016, this motion was granted.

         On November 7, 2016, Attorney Watson filed a motion to continue the trial date, to allow receipt and review of extensive records. ECF 68. On December 5, 2016, this motion was granted. ECF 70.

         On January 27, 2017, Spencer filed a motion to extend the motions deadline, to allow receipt and review of extensive records. ECF 79. This motion was granted.

         On February 11, 2017, Spencer filed another motion to extend the motions deadline, to allow receipt and review of extensive records and to send his investigator out of state to conduct interviews. ECF 80. This motion was granted.

         On February 14, 2017, Spencer filed a motion for the appointment of a private investigator. ECF 82. This motion was granted.

         On February 23, 2017, Attorney Watson filed a motion to continue the trial, due to the investigator having a conflict and the need to prepare for trial. ECF 84. This motion was granted. In addition, a new motion deadline was set for Friday, March 31, 2017. Counsel was warned, “No further continuances shall be granted without just cause.” Docket entry March 20, 2017.

         On May 22, 2017, Attorney Watson moved the Court to continue the trial date, seeking additional discovery from the government. ECF 94. This motion was granted. ECF 114.

         On June 6, 2017, Defendants Satterwhite and White pleaded ...


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