Motion for Miscellaneous Relief, specifically Exceed Page Limit by Casey David Crowther — USA v. Crowther (Dkt. 138, M.D. Fla. No. 2:20-mj-01094, docketed in No. 2:20-cr-00114)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:20-cr-00114 · Doc. 138 · 2021-04-06 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES 
 
v. 
 
 
 
 
 
Criminal No. 2:20-cr-114-FTM-66MRM 
 
CASEY DAVID CROWTHER  
 
 
 
Defendant. 
_____________________________/ 
 
DEFENDANT’S LEAVE FOR MOTION TO EXCEED PAGE LIMIT 
 
 
Defendant, Casey D. Crowther (“Crowther”), through undersigned counsel, 
and pursuant to M.D. Local Rule 3.01(a), hereby files his Leave for Motion to Exceed 
Page Limit. 
1. 
On March 26, 2021, the jury returned its guilty verdict against Crowther 
with respect to Counts I through IV of the Second Superseding Indictment.   
2. 
Crowther intends to file a Renewed Motion for Judgment of Acquittal or 
Alternatively for New Trial (the “Motion for Judgment of Acquittal”).  Crowther’s 
Motion for Judgment of Acquittal is due no later than Friday, April 9, 2021 pursuant 
to Fed. R. Crim. P. 29 and 33.   
3. 
As currently drafted, Crowther’s Motion for Judgment of Acquittal is 
thirty (30) pages in length.  Accordingly, Crowther’s Motion for Judgment of Acquittal 
exceeds the 25-page limit set forth in M.D. Local Rule 3.01(a) by five (5) pages. 
4. 
Crowther’s Motion for Judgment of Acquittal, inter alia, addresses 
inconsistencies, incongruities, and ambiguities among the CARES Act, (which is the 
Case 2:20-cr-00114-JES-M_M     Document 138     Filed 04/06/21     Page 1 of 3 PageID 1049

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relevant enabling statute) and interim final rules that were promulgated by the SBA 
that purported to interpret the relevant provisions of the CARES Act.   
5. 
Although Crowther has attempted to conform his Motion for Judgment 
of Acquittal to this Court’s 25-page limit, he is unable to do so without eliminating 
relevant facts and legal argument that are critical for this Court’s consideration.  The 
arguments set forth in Crowther’s Motion for Judgment of Acquittal speak directly to 
fundamental due process concerns.  Crowther’s Motion also argues several other 
points in support of judgment of acquittal in Crowther’s favor or, alternatively, for a 
new trial that cause the Motion to exceed 25 pages in length.   
6. 
Due to the complexity of the CARES Act and the voluminous, 
confusing, and conflicting interim final rules that were promulgated by the Small 
Business Administration in response to the CARES Act, the relevant legal arguments 
that must be made in Crowther’s Motion require extensive quotations from the 
relevant statute and interim final rules, along with testimony from various trial 
witnesses that is directly relevant to the pertinent legal issues.  These considerations 
require that Crowther exceed this Court’s 25-page limit by a modest volume of 
additional pages.  See M.D. Local Rule 3.01(a).   
7. 
Accordingly, Crowther requests this Court’s leave to exceed the page 
limit by only five (5) pages.  Crowther’s Motion for Judgment of Acquittal will not 
exceed thirty (30) pages in length. 
8. 
Prior to filing the instant Motion, the undersigned conferred with the 
Government’s counsel in good faith to ascertain whether the Government objects to 
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the relief requested herein.  The undersigned is authorized to represent that the 
Government’s counsel takes no position on this Motion. 
9. 
This Motion is not being made for any improper purpose. 
WHEREFORE, Defendant, Casey David Crowther respectfully requests that 
this Court (a) grant this Motion in all respects; (b) grant Crowther leave to exceed the 
25-page limit with respect to his forthcoming Motion for Judgment of Acquittal or 
Alternatively for New Trial by five (5) pages, such that Crowther’s Motion will not 
exceed a total of thirty (30) pages in length; and (c) enter such other and further relief 
this Court deems just and proper. 
/s/ Nicole H. Waid  
 
 
 
/s/ Brian E. Dickerson 
Nicole H. Waid 
 
 
 
 
Brian E. Dickerson, Esq. 
Fla. Bar No. 121720 
 
 
 
Fla. Bar No. 106615 
nicole.waid@fisherbrloyles.com 
 
 
brian.dickerson@fisherbroyles.com 
 
 
 
 
 
 
 
 
FISHERBROYLES, LLP  
                                
 
 
 
2390 Tamiami Trail North, Suite 100  
                                
 
 
 
Naples, Florida 34103  
                                
 
 
 
Phone: (202) 906-9572  
                                
 
 
 
Fax: (239) 236-1360  
                               
 
 
 
CERTIFICATE OF SERVICE 
 
I, Brian E. Dickerson, attorney for Casey David Crowther, do hereby certify 
that I have, this day, filed the foregoing with the Clerk of Court via the CM/ECF 
system, which has caused a true and correct copy to be served on all counsel of record.  
/s/ Brian E. Dickerson 
 
Brian E. Dickerson, Esq.  
Case 2:20-cr-00114-JES-M_M     Document 138     Filed 04/06/21     Page 3 of 3 PageID 1051

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