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http://knoxville.fbi.gov/dojpressrel/pressrel08/kx100808.htm
-snip-Shirley pushed back his December trial date to May 19, 2009. The delay came at the joint request of Assistant U.S. Attorney Greg Weddle and defense attorney Wade Davies.-snip
http://www.knoxnews.com/news/2008/nov/15/accused-e-mail-hacker-staying-out-trouble/From article:
Those motions include a move by Davies to get the felony charge against Kernell tossed out. Davies contends that Kernell's alleged actions amount to at most a misdemeanor. He argues the wording in the indictment was fashioned in a way to try to create a felony and fails to pass legal muster. Weddle has not yet had a chance to respond.