3:25-cr-00020
M.D. Ga.Aug 29, 2025Background
- Indictment returned August 12, 2025 charging Lanier Cooper with conspiracy to distribute controlled substances (21 U.S.C. § 846) and maintaining a drug premises (21 U.S.C. § 856(a)(1)).
- Cooper was arraigned August 26, 2025 and released on bond August 28, 2025.
- Trial was set to begin November 17, 2025; Cooper filed an unopposed motion to continue (Doc. 96); the government does not oppose a continuance.
- Cooper asserted he had not yet received discovery, that discovery would be extensive, and that he needs additional time to review evidence and pursue plea negotiations.
- The court analyzed the request under the Speedy Trial Act (18 U.S.C. § 3161), including the ends-of-justice exception for continuances and the need for reasonable time for effective preparation.
- The court granted the continuance, finding the ends of justice outweigh a speedy trial; continued the pretrial conference to November 10, 2025 and reset trial for December 15, 2025 as to all defendants (no severance granted).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a continuance is justified under the Speedy Trial Act §3161(h)(7) | Government does not oppose continuance | Cooper: has not received discovery; discovery extensive; needs time to prepare and negotiate pleas | Continuance granted under §3161(h)(7); ends of justice outweigh speedy-trial interests; time excluded |
| Whether the continuance applies to co-defendants absent severance under §3161(h)(6) | Government: no opposition; time for trial has not run for co-defendants | Cooper sought joint continuance; no severance pending | Court continued case as to all defendants (pretrial Nov 10, trial Dec 15, 2025) citing §3161(h)(6) |
Key Cases Cited
- United States v. Stitzer, 785 F.2d 1506 (11th Cir. 1986) (trial court has discretionary authority to grant continuances)
