Motion to Continue trial by Daniel Joseph Tisone — USA v. Tisone (Dkt. 73, M.D. Fla. No. 2:22-mj-01043, docketed in No. 2:22-cr-00039)

Summary

A defense motion titled Motion to Continue Sentencing, Document 73, filed 01/11/23 in Case No. 2:22-CR-39-SPC-NPM, United States of America v. Daniel Joseph Tisone, Middle District of Florida, Fort Myers Division, two pages. The motion states that sentencing is set for January 30, 2023 at 9:30 am and that, at a Calendar Call in the Southern District on January 10, 2023, Judge K. Michael Moore set the trial of United States v. Waxman et al., Case No. 0:21-cr-60253-KMM, to begin with jury selection on Tuesday, January 17, 2023 at 9:00 am. Counsel states that the Government expects that trial to last three to four weeks, that counsel represents co-defendant Dr. Dean Zusmer, and that counsel has a conflict with the sentencing date. The motion requests a reset date after February 14, 2023 and states that AUSA Trenton Reichling has no objection. It is signed /S/ Mark Eiglarsh.

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA 
CASE NO.: 2:22-CR-39-SPC-NPM 
 
vs. 
 
 
 
 
 
 
 
DANIEL JOSEPH TISONE 
 
 
 
 
 
/ 
 
MOTION TO CONTINUE SENTENCING 
The defendant, Daniel Joseph Tisone, by and through undersigned 
counsel, files this Motion to Continue Sentencing and avers the following: 
1.  
This case is currently set for sentencing on January 30, 2023 at 9:30 am.  
2.  
At a Calendar Call held in the Southern District on January 10, 2023, 
Judge K. Michael Moore set the Medicare Fraud trial of United States v. 
Waxman et al., Case No. 0:21-cr-60253-KMM to commence with jury 
selection on Tuesday, January 17, 2023 at 9:00 am.  
3.  
The Government has indicated that the trial is expected to last three to 
four weeks. 
4.  
Undersigned represents co-defendant Dr. Dean Zusmer.  
5.  
In light of the trial and the anticipated length, undersigned now has a 
conflict with the January 30th sentencing date. 
6.  
Undersigned is respectfully requesting a continuance and a sentencing 
reset date for some time after February 14, 2023.  
7.  
Undersigned is requesting this continuance in good faith and not for the 
purpose of delay.  
8. 
AUSA Trenton Reichling has no objection to the continuance.  
WHEREFORE, based upon the above and foregoing, the Defendant 
respectfully requests this Court to grant the instant motion. 
 
 
Case 2:22-cr-00039-SPC-NPM     Document 73     Filed 01/11/23     Page 1 of 2 PageID 463

CERTIFICATE OF SERVICE 
            I HEREBY CERTIFY that a true and correct copy of the foregoing was 
furnished via CM/ECF to: United States Attorney’s Office, AUSA Trenton 
Reichling and Probation Officer Nick Stevens, this 10th day of January, 2023. 
Respectfully submitted, 
 
 
 
 
LAW OFFICES OF MARK EIGLARSH 
 
 
 
 
3107 Stirling Road 
 
 
 
 
Suite 207 
 
 
 
 
Fort Lauderdale, Florida 33312 
 
 
 
 
Telephone: (954) 500-0003 
 
 
 
 
Facsimile: (305) 674-0102 
 
 
 
 
Email: Mark@EiglarshLaw.com  
 
 
 
 
 
BY: _/S/_MARK EIGLARSH______________ 
 
 
 
 
 
MARK EIGLARSH 
 
 
 
 
 
Florida Bar No.: 956414 
Case 2:22-cr-00039-SPC-NPM     Document 73     Filed 01/11/23     Page 2 of 2 PageID 464

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