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 RABORN §

DEFENDANT’S SECOND 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 September 16, 2022, and extend the deadline for sentencing motions and 

materials. Counsel requests a continuance and extension of 30 days. As 

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

1. The Court has scheduled sentencing for September 16, 2022. (ECF 34).

2. Counsel recognizes the Court may become frustrated by the requested 

continuance. The continuance is primarily sought because Counsel has 

been unable to coordinate access to Mr. Raborn by a defense expert. The 

delay has been caused by the scheduling conflicts of the retained expert and 

the difficulties with the facilities holding Mr. Raborn. Even if Counsel must 

retain a new expert, Counsel is committed to completing the required 

investigation, evaluation, and pleadings within the requested continuance. 

Counsel regrets the delay and appreciates the Court’s patience. This is a 

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summary timeline of the defense efforts to arrange for the expert access to 

Mr. Raborn: 

1. 4/4/22 – Counsel has vetted the available experts and made contact 

with the retained expert to confirm availability; 

2. 4/5/22 – Counsel attempted to schedule a meeting with the expert; 

3. 4/6/22 – Counsel attempted to schedule a meeting with the expert;

4. 4/8/22 – The retained expert messaged regarding dates for a 

meeting; 

5. 4/11/22 – Funds were sent to retain expert; 

6. 4/11/22 – Court issued order for access of expert; 

7. 4/11/22 – Provided order for access to expert; 

8. 7/19/22 – Expert deposits/cashes check for services; 

9. 7/19/22 – Counsel contacted expert again to facilitate access (one of 

multiple attempts); 

10.8/5/22 – Expert’s office communicates about scheduling visit with 

client; 

11.8/5/22 – Expert’s office emails Johnson County Sheriff Office 

(JCSO); 

12.8/10/22 – Because no response by JCSO, expert begins calling 

JCSO—despite Court’s order, the JCSO indicates no access without 

approval of United States Marshal’s Service; 

13.8/11/22 – Counsel emailed to USMS Guckert; 

14.8/16/22 – Expert’s office emails about getting expert access on 8/19; 

15.8/16/22 – Counsel called USMS multiple times; 

16.8/16/22 – Counsel sent email attempting to get expert into Johnson 

County Jail; 

17.8/16/22 – received approval from USMS Guckert; and 

18.9/4/22 – received email from expert’s office indicating inability to 

meet with client and complete assessment before sentencing date. 

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

a. On August 1, 2022, Counsel appeared for a pre-trial violation hearing 

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;

b. On August 3, 2022, Counsel appeared for two initial appearances in 

cases 4:22-CR-00170-O, United States of America v. Louie Walencik, 

and 4:22-MJ-544, United States of America v. Calvin Teague, before 

the Honorable Magistrate Judge Jeffrey L. Cureton, Northern 

District of Texas, Fort Worth Division;

c. On August 22, 2022, Counsel was appointed to a new federal CJA 

case, 4:22-CR-234-P, United States of America v. Zimmie Daniels, 

before the Honorable Judge Mark T. Pittman, Northern District of 

Texas, Fort Worth Division;

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d. On August 24, 2022, Counsel had an initial brief deadline in case 22-

10455, United States v. Steven Riad Jalloul, in the United States 

Court of Appeals for the Fifth Circuit;

e. On August 25, 2022, Counsel appeared for a detention hearing in 

case, 4:22-CR-234P, United States of America v. Zimmie Daniels, 

before the Honorable Judge Mark T. Pittman, Northern District of 

Texas, Fort Worth Division;

f. On August 26, 2022, Counsel had an initial brief deadline in case 

22-10341, United States of America v. Leonardo Cruz, in the United 

States Court of Appeals for the Fifth Circuit; and 

g. On September 2, 2022, Counsel had 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.

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

time as Counsel can be present and properly prepared. 

Future Conflicts 

7. Counsel for Defendant has the following upcoming conflicts:

a. On September 8, 2022, Counsel has a detention hearing scheduled in 

United States of America v. Lionel Henderson, in case 7:22-CR-0027-

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

Texas, Wichita Falls Division;

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b. On September 19, 2022, Counsel is scheduled for jury trial in case 

3:20-CR-565-B-8, United States of America v. Richard Quiroga, 

before the Honorable Judge Jane J. Boyle, Northern Disitrict of 

Texas, Dallas Division;

c. On September 20, 2022, Counsel is scheduled for the final sentencing 

hearing in case 4:21-CR-211-Y, United States of America v. Cuedell 

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

District of Texas, Fort Worth Division;

d. On September 26, 2022, Counsel is scheduled for the final sentencing 

hearing in case 6:20-CR-00074-JFH, United States of America v. 

Jason Nathaniel Holland, before the Honorable Judge John F. Heil 

III, Eastern District of Oklahoma;

e. On September 30, 2022, Counsel is scheduled for the final sentencing 

hearing 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;

f. On October 3, 2022, Counsel is scheduled for jury trial in case 4:22-

CR-234-P, United States of America v. Zimmie Daniels, before the 

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

Worth Division;

g. On October 11, 2022, Counsel is scheduled for jury trial in case 4:22-

CR-00170-O, United States of America v. Louie Walencik, before the 

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

Worth Division;

h. On October 11, 2022, Counsel is scheduled for two final sentencing 

hearings in cases, 4:20-CR-00269-Y, United States of America v. Eric 

Prescott Kay, and 4:22-CR-00035-Y, United States of America v. 

William McGlothlin, before the Honorable Judge Terry R. Means, 

Northern District of Texas, Fort Worth Division;

i. On October 13, 2022, Counsel is scheduled for the final sentencing 

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

Christopher Anderson, before the Honorable Judge Mark T. Pittman, 

Northern District of Texas, Fort Worth Division;

j. On October 24, 2022, Counsel is scheduled for jury trial in case 6:21-

CR-00151-TDD, United States of America v. Billy Menees, before the 

Honorable Judge Timothy D. DeGiusti, Eastern District of 

Oklahoma;

k. On October 25, 2022, Counsel is scheduled for the final sentencing 

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

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

Northern District of Texas, Fort Worth Division; 

l. On November 4, 2022, Counsel is scheduled for the final sentencing 

hearing in case 4:22-CR-141-O, United States of America v. Michael 

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Colson, before the Honorable Judge Reed O’Connor, Northern 

District of Texas, Fort Worth Division; and

m. On November 7, 2022, Counsel is scheduled for jury trial in case 1:21-

CR-00112-MAC-ZHJ-6, United States of America v. Willis Reed, 

before the Honorable Judge Marcia A. Crone, Eastern District of 

Texas, Beaumont Division;

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 September 7, 2022, I conferred with the attorney for the 

Government. The Government does not object to this motion. 

/s/Cody L. Cofer

CERTIFICATE OF SERVICE

I hereby certify that on September 7, 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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