Motion for Downward Departure Based upon Substantial Assistance — United States v. Daniel Joseph Tisone

Summary

The Motion by the United States for Downward Departure of Defendant's Sentence Based upon Substantial Assistance, filed 02/15/23 as Document 86 in United States v. Daniel Joseph Tisone, Case No. 2:22-cr-39-SPC-NPM in the Middle District of Florida, Fort Myers Division. Citing Section 5K1.1 of the Sentencing Guidelines, 18 U.S.C. § 3553(e) and Rule 35, the government asks the Court to grant a two-level reduction in Tisone's offense level. It says he provided truthful and timely information that aided the investigation and prosecution of another individual for Paycheck Protection Program fraud. The motion is signed by Assistant United States Attorney Trenton J. Reichling.

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1 
 
 
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 
 
 
 
MOTION BY THE UNITED STATES FOR 
DOWNWARD DEPARTURE OF DEFENDANT'S SENTENCE 
BASED UPON SUBSTANTIAL ASSISTANCE 
 
 
Pursuant to the provisions of Section 5K1.1 of the United States Sentencing 
Guidelines, Title 18, United States Code, Section 3553(e), and Rule 35 of the Federal 
Rules of Criminal Procedure, the United States moves this Court to grant a two-level 
reduction in the defendant's offense level, and in support thereof states as follows: 
MEMORANDUM OF LAW 
 
The Court, on motion of the government, may reduce a defendant's sentence 
to reflect a defendant's substantial assistance.  USSG §5K1.1.  Here, the defendant 
provided truthful and timely information to the United States which aided the 
United States in its investigation and prosecution of another individual for Paycheck 
Protection Program (PPP) fraud.  
The United States believes that, because of his efforts on behalf of the United 
States, Daniel Joseph Tisone should receive a two-level reduction in his offense level 
for his assistance. 
 
 
Case 2:22-cr-00039-SPC-NPM     Document 86     Filed 02/15/23     Page 1 of 3 PageID 609

2 
 
CONCLUSION 
 
For the foregoing reasons, this Court should grant the government's motion 
for downward departure of defendant's sentence. 
 
Respectfully submitted, 
 
ROGER B. HANDBERG 
 
United States Attorney 
 
 
By 
 /s/ Trent Reichling 
Trenton J. Reichling 
Assistant United States Attorney 
Florida Bar No. 0084601 
2110 First Street, Suite 3-137 
Ft. Myers, Florida 33901 
Telephone:  (239) 461-2200 
Facsimile:    (239) 461-2219 
E-mail: Trenton.reichling@usdoj.gov 
 
 
 
 
 
 
 
 
Case 2:22-cr-00039-SPC-NPM     Document 86     Filed 02/15/23     Page 2 of 3 PageID 610

3 
 
U.S. v. Daniel Joseph Tisone  
 
 
Case No. 2:22-cr-39-SPC-NPM 
CERTIFICATE OF SERVICE 
 
I hereby certify that on February 15, 2023, I electronically filed the foregoing 
with the Clerk of the Court by using the CM/ECF system which will send a notice of 
electronic filing to the following: 
 
Mark Eiglarsh  
 
mark@eighlarsh.com  
 
 
By 
 /s/ Trent Reichling 
Trenton J. Reichling 
Assistant United States Attorney 
Florida Bar No. 0084601 
2110 First Street, Suite 3-137 
Ft. Myers, Florida 33901 
Telephone:  (239) 461-2200 
Facsimile:    (239) 461-2219 
E-mail: Trenton.reichling@usdoj.gov 
 
 
 
 
 
 
 
Case 2:22-cr-00039-SPC-NPM     Document 86     Filed 02/15/23     Page 3 of 3 PageID 611

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