DEFENDANT’S UNOPPOSED MOTION TO CONTINUE SENTENCING Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION 

UNITED STATES OF AMERICA §

§

V. § NO. 4:22-CR-00066-O

§

CLOIS GLENN RABORN §

DEFENDANT’S UNOPPOSED MOTION TO CONTINUE SENTENCING

TO THE HONORABLE REED O’CONNOR,

DISTRICT JUDGE, NORTHERN DISTRICT OF TEXAS: 

COMES NOW, Clois Glenn Raborn (Defendant), by and through his attorney

of record, Cody L. Cofer (Counsel), and files this motion to continue sentencing. 

Defendant moves the Court to continue the sentencing hearing currently scheduled 

for July 15, 2022 and extend the deadline for sentencing motions and materials. 

Counsel requests a continuance and extension of at least 60 days. As grounds 

for continuance and in support thereof, Defendant would show the Court: 

1. The Court has scheduled sentencing for July 15, 2022 (ECF 27).

2. The Government does not oppose a 60-day continuance. The Government 

dose oppose a continuance more than 60 days. 

3. Based on the current scheduling order, Counsel cannot effectively prepare 

nor effectively advocate for Defendant (despite exercising due diligence) at 

the final sentencing hearing, because Counsel has been unable to draft 

appropriate sentencing pleadings and collect sentencing information within 

the time set forth in the scheduling order. Counsel moves for a continuance 

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to ensure effective representation of Defendant and to serve judicial 

economy.

4. Granting this motion shall serve the ends of justice. Granting this motion 

does not prejudice the defendant’s or public interest in a speedy trial (to the 

extent the right applies to sentencing proceedings). Any prejudice to 

defendant’s or public interest in a speedy trial is outweighed by the ends of 

justice served. Granting this motion will not likely make continuation of 

such proceedings impossible or result in the miscarriage of justice.

5. Outstanding work that must be performed includes the review of digital 

evidence related to a sentencing enhancement. This evidence may only be 

viewed “in-house” with the Department of Homeland Security (Secret 

Service) in Dallas. Further, despite Counsel’s efforts to facilitate and 

expedite expert services for the defense, a defense expert has not yet met 

with defendant. These matters are essential for effective representation at 

final sentencing. 

6. Counsel’s past schedule and obligations support his motion: 

a. Counsel has been preparing for trial in case 1645404R, 1645409R, State 

of Texas v. Lee Robin, scheduled for May 26, 2022, before the Honorable 

Judge Mollee Westfall. The case was resolved by agreement on May 11, 

2022. Prior to May 11, practically every available moment in the 

preceding weeks had been spent reviewing the voluminous discovery, 

investigating, or otherwise preparing for trial. 

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b. Counsel has had other conflicts inhibiting preparation for Defendant’s 

sentencing. These obligations include: 

c. Counsel is a partner in a small firm. On May 18, 2022, one of the 

partners suffered an injury to his Achilles’ tendon requiring him to be 

taken to the emergency room. It is an acute injury requiring emergent 

intervention. Counsel’s partner underwent surgery for the injury on 

May 26, 2022. Counsel and one of his partners will have to attend to all

the business of the firm during the time he recovers;

d. On March 28, 2022, Counsel appeared for a motion for pretrial release 

hearing in case 4:22-CR-093-P, United States of America v. Christopher 

Anderson, before the Honorable Judge Hal R. Ray, Northern District of 

Texas, Fort Worth Division;

e. On April 7, 2022, Counsel was lead counsel at the final sentencing 

hearing in case 4:21-CR-00303-O, United States of America v. Leonardo 

Cruz, before the Honorable Judge Reed O’Connor, Northern District of 

Texas, Fort Worth Division;

f. On April 14, 2022, Counsel appeared for a final revocation hearing in 

case 4:15-CR-00183-Y-1, United States of America v. Lacie Whisenant, 

before the Honorable Judge Terry R. Means, Northern District of Texas, 

Fort Worth Division;

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g. On April 19, 2022, Counsel filed an Anders brief in cases 02-21-00184-

CR, 02-21-00185-CR, 02-21-00186-CR, 02-21-00187-CR, State of Texas 

v. Paul Hill, in the Second Court of Appeals of Texas;

h. On May 26, 2022, Counsel appeared for the final sentencing hearing in 

case 4:21-CR-00305-P, United States of America v. Jason Coca, before 

the Honorable Judge Mark T. Pittman, Northern District of Texas, Fort 

Worth Division;

i. In the month of May, Counsel was newly appointed as the CJA attorney 

in the following cases:

• 4:22-CR-00141-O, United States of America v. Michael Colson;

• 4:20-CR-00269-Y, United States of America v. Eric Prescott Kay;

and

• 7:22-CR-00141-O, United States of America v. Anthony Anderson; 

and

• 22-10455, United States of America v. Steven Jalloul. 

7. Defendant moves the Court to continue the sentencing hearing until such 

time as Counsel can be present and properly prepared. 

Future Conflicts

8. Counsel for Defendant has the following upcoming conflicts: 

a. On June 13, 2022, Counsel has an initial brief deadline in case 22-

10224, United States of America v. Pedro Rodriguez, in the United 

States Court of Appeals for the Fifth Circuit.;

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b. On June 27, 2022, Counsel is scheduled for trial in case in cases F17-

46006, F17-45745, F17-46007, F17-45746, F17-45765, F19-45244, 

State of Texas v. Junaid Younus Farooqui, before the Honorable 

Judge Amber Givens, in the 282nd District Court of Dallas County.

c. From June 14-18, 2022, Counsel has the annual continuing 

education seminar Rusty Duncan scheduled;

d. On June 20, 2022, Counsel has an initial brief deadline in case 07-

22-00113-CR, State of Texas v. Seth Herring, in the Seventh Court of 

Appeals of Texas;

e. On June 27, 2022, Counsel is scheduled for Jury Trial in case 4:22-

CR-141-O, United States of America v. Michael Colson, before the 

Honorable Judge Reed O’Connor, Northern District of Texas, Fort 

Worth Division. However, Counsel has filed a motion for continuance 

and expects the case to resolve by agreement; 

f. On June 27, 2022, Counsel is scheduled for jury trial in case 7:22-

CR-011-O, United States of America v. Anthony Anderson, before the 

Honorable Judge Reed O’Connor, Northern District of Texas, Fort 

Worth Division. However, Counsel expects the case to resolve by 

agreement; 

g. From July 4-11, 2022, Counsel has family vacation scheduled. 

h. On July 11, 2022, Counsel is scheduled for jury trial in case 1:21-CR00112-MAC-ZJH-6, United Sates of America v. Willis Reed, before 

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the Honorable Marcia A. Crone, Eastern District of Texas, Beaumont 

Division. Counsel expects to file a motion to continue this trial; 

i. On July 21, 2022, Counsel is scheduled for the final sentencing 

hearing in case 4:21-CR-00051-P, United States of America v. Charles 

Roberson, before the Honorable Judge Mark T. Pittman, Northern 

District of Texas, Fort Worth Division; 

j. On July 25, 2022, Counsel is scheduled for jury trial in case 4:22-CR093-P, United States of America v. Christopher Anderson, before the 

Honorable Judge Mark T. Pittman, Northern District of Texas, Fort 

Worth Division. However, Counsel expects this matter to be resolved 

by agreement; 

k. On August 16, 2022, Counsel is scheduled for the final sentencing 

hearing in case 4:20-R-00034-Y, United States of America v. Paulette 

Salvant, before the Honorable Judge Terry R. Means, Northern 

District of Texas, Fort Worth Division;

l. From August 17-18, 2022, Counsel will be out of the office;

m. On September 7, 2022, Counsel is scheduled to begin jury trial in the 

Eastern District of Oklahoma (Muskogee) in case 6:21-CR-00371-

RAW, United States of America v. Dustin Hayes, before the 

Honorable Ronald White;

n. On October 24, 2022, Counsel is scheduled to begin jury trial in the 

Eastern District of Oklahoma (Muskogee) in case 21-CR-151-TDD, 

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United States of America v. Billy James Menees, before the Honorable 

Timothy D. DeGiusti. Mr. Menees is charged with Child Abuse in 

Indian Country (18 U.S.C. § 1151) and Child Neglect in Indian 

Country (18 U.S.C. § 1151).

The attorney for the Government requests the Court consider these conflicts 

and circumstances in scheduling the sentencing hearing: 

a. One August 7-15, 2022, the victim’s family will be out of the country;

b. On August 19, 2022, the lead detective is unavailable; 

c. On August 25, 2022, the attorney for the Government has a 

sentencing before Judge Pittman; 

d. On September 20, 2022, the attorney for the Government has a 

sentencing before Judge Means; and 

e. On September 22, 2022, the attorney for the Government has a 

sentencing before Judge Pittman. 

WHEREFORE PREMISES CONSIDERED, Defendant prays that in the 

above referenced and entitled cause, the Court continue the sentencing.

Respectfully submitted, 

/s/ Cody L. Cofer

Cody L. Cofer 

TX SBN: 24066643

Cofer Luster Law Firm

604 E 4TH Street, Suite 101

Fort Worth, TX 76102 

Phone: 682-777-3336 

Fax: 682-238-5577 

Email: ccofer@coferluster.com

Attorney for Defendant 

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CERTIFICATE OF CONFERENCE

I hereby certify that on June 3, 2022, I conferred with the attorney for the 

Government. The Government does not object to this motion. 

/s/Cody L. Cofer

Cody L. Cofer 

Attorney for Defendant 

CERTIFICATE OF SERVICE

I hereby certify that on June 3, 2022, I electronically filed the foregoing document 

with the clerk for the U.S. District Court, Northern District of Texas, using the 

electronic case filing system of the court. The electronic case filing system sent a 

“Notice of Electronic Filing” to the attorney for the Government.

/s/ Cody L. Cofer

Cody L. Cofer 

Attorney for Defendant 

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