Order Granting in Part/Denying in Part Motion to Continue Sentencing — USA v. Tisone (M.D. Fla. No. 2:22-mj-01043, docketed in No. 2:22-cr-00039)

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An Order in United States of America v. Daniel Joseph Tisone, Case No. 2:22-cr-39-SPC-NPM, in the U.S. District Court for the Middle District of Florida, filed October 31, 2022 as Document 64. It addresses the defendant's Motion to Continue Sentencing Date (Doc. 62), which asks for ninety more days to repair and sell properties damaged by Hurricane Ian so he may pay restitution; the government does not oppose a thirty-day continuance and asks for assurances that asset values are preserved. Noting that the defendant pled guilty to fraud and firearm offenses, the court grants the motion in part, continuing sentencing by approximately forty-five days. It orders the defendant to file under seal, on or before November 13, 2022, proof that the mortgages, insurance premiums and association fees on both properties are current, and notice of any insurance, FEMA or government compensation.

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
CASE NO.: 2:22-cr-39-SPC-NPM 
DANIEL JOSEPH TISONE 
 
 
ORDER1 
Before the Court is Defendant Daniel Tisone’s Motion to Continue 
Sentencing Date (Doc. 62), along with the Government’s response (Doc. 63).   
Defendant has pled guilty to fraud and firearm offenses and is set for 
sentencing on December 5, 2022.  (Doc. 59; Doc. 60).  But he now asks to 
continue his sentencing ninety days.  He wants more time to repair and sell 
properties damaged from Hurricane Ian so he may pay restitution.  The 
Government agrees partially to a continuance.  It does not oppose a thirty-day 
continuance and requests Defendant provide assurances that he’s preserving 
the value of certain assets to be used to compensate victims.   
After considering the record and the parties’ papers against the 
applicable law, the Court will continue the sentencing hearing for 
approximately forty-five days.  It also finds Government’s requested 
 
1 Disclaimer:  Papers hyperlinked to CM/ECF may be subject to PACER fees.  By using 
hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties 
or their services or products, nor does it have any agreements with them.  The Court is not 
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Case 2:22-cr-00039-SPC-NPM     Document 64     Filed 10/31/22     Page 1 of 3 PageID 251

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assurances to be reasonable and necessary to prevent further diminishment of 
Defendants’ property. 
Accordingly, it is  
ORDERED: 
Defendant Daniel Tisone’s Motion to Continue Sentencing Date (Doc. 62) 
is GRANTED in part and DENIED in part. 
1. Defendant’s Motion is granted to the extent that sentencing hearing 
is now set for January 30, 2022, at 9:30 a.m.  The Clerk is 
DIRECTED to issue a notice of hearing under separate cover.  
2. Defendant must file – under seal – on or before November 13, 2022, 
the following proof and information:  
a. proof the mortgage on 550 Starboard Drive, Naples, Florida 
34103 is current  
b. proof the mortgage is current on 1001 10th Avenue South, #101, 
Naples, Florida 34102 
c. proof of payment of all insurance premiums for both properties 
d. proof of payment of proof of payment of all association fees 
e. full copies of all policies, including flood policies both subject 
properties 
Case 2:22-cr-00039-SPC-NPM     Document 64     Filed 10/31/22     Page 2 of 3 PageID 252

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f. notification and proof of any compensation provided by any 
insurers, FEMA, or government agencies with respect to any 
damages or loss to the properties 
DONE AND ORDERED in Fort Myers, Florida on October 31, 2022. 
 
 
 
Copies: Counsel of Record 
 
Case 2:22-cr-00039-SPC-NPM     Document 64     Filed 10/31/22     Page 3 of 3 PageID 253

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