Federal sentencing dates for the two of the former Memphis police officers charged in the 2023 death of Tyré Nichols set for next month have been canceled, court records show.

Emmitt Martin and Desmond Mills Jr., who both pleaded guilty to their roles in Nichols’ death, were set to be sentenced late next month on Dec. 18 and Dec. 19, respectively.

Prosecutors have recommended 40 years for Martin and 15 years for Mills.

‘I was hoping he’d get some help … he (ended) up dying there.’

It’s unclear why Martin’s sentencing date was canceled. Blake Ballin, Mills’ attorney, argued in a request to move Mills sentencing it needed to be postponed while the appeals process plays out for his and Martin’s three co-defendants. 

Tadarrius Bean, Demetrius Haley and Justin Smith, the other officers charged in Nichols’ death, were convicted of various charges at trial in October 2024. They were granted new trials in August, following comments made by the judge formerly over their case. Prosecutors are now appealing the granting of the new trials.

Ballin argued should the new trials go forward, Mills could be called to testify again, like he did last year. 

“Once the Court of Appeals for the Sixth Circuit has issued a ruling, the defendant submits that this Court will be in a better position to know if and when a sentencing hearing should be set. Until such time, the defendant respectfully requests that his sentencing hearing on December 19, 2025 be removed from the calendar and that a new sentencing date be scheduled after a ruling is issued by the Court of Appeals for the Sixth Circuit,” Ballin wrote.

New dates have not been set yet for either Mills or Martin.