Court filing
Unopposed MOTION for Miscellaneous Relief, specifically for Order Directing Falkenberg… — USA v. Antonetti (Dkt. 34)
Record facts
| Court | U.S. District Court for the Middle District of Florida |
|---|---|
| Filed | 2024-10-23 |
U.S. District Court for the Middle District of Florida · No. 8:24-cr-00317-VMC-AEP · Doc. 34 · 2024-10-23 · Docket on CourtListener
Summary
An unopposed defense motion filed October 23, 2024 in United States v. David Antonetti, Case No. 8:24-cr-00317-VMC-AEP, in the U.S. District Court for the Middle District of Florida, Tampa Division, as Document 34. The motion asks the court to order Falkenberg Road Jail to keep the defendant in custody or, if that is not possible because of the U.S. Marshals' contract, to transfer him to Pinellas County Jail while the case remains pending. It states that the defendant is charged with wire fraud (Doc. 1), is currently housed at Falkenberg Road Jail in Tampa, was sentenced earlier that month in a state court case now on appeal, and has a federal hold. It states that counsel was told a transfer to a state prison in Orlando was likely, and that defense counsel and the prosecutor are in the Tampa area. The motion states that the Assistant U.S. Attorney has no objection.
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Full text
1
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA
v.
Case No. 8:24-cr-317-VMC-AEP
DAVID ANTONETTI
_______________________________/
DEFENDANT DAVID ANTONETTI’S UNOPPOSED MOTION FOR ORDER
DIRECTING FALKENBERG ROAD JAIL TO KEEP MR. ANTONETTI OR
TRANSFER HIM TO PINELLAS COUNTY JAIL
Defendant David Antonetti respectfully moves for an order directing
Falkenberg Road Jail to keep Mr. Antonetti in custody or transfer Mr. Antonetti to
Pinellas County Jail. To support this motion, Mr. Antonetti states the following:
1.
Mr. Antonetti is charged with wire fraud. (Doc. 1).
2.
The parties have begun discussions to resolve this matter. If the parties
are able to resolve the matter, then a sentencing will likely occur before the Court. If
the parties are unable to resolve the matter, a trial will likely have to be held before the
Court. In either instance, outstanding matters remain for this Court to resolve.
3.
Mr. Antonetti is currently housed at Falkenberg Road Jail (FRJ) in
Tampa.
4.
Defense counsel, Mr. Antonetti’s family, and the prosecutor all reside in
or around Tampa.
5.
Earlier this month, Mr. Antonetti was sentenced as part of a state court
case that is currently pending appeal.
Case 8:24-cr-00317-VMC-AEP Document 34 Filed 10/23/24 Page 1 of 4 PageID 66
2
6.
Mr. Antonetti currently has a federal hold.
7.
To determine whether Mr. Antonetti will continue to be housed at FRJ
or be transferred according to his state sentence, the undersigned counsel reached out
to FRJ. On that call, the undersigned learned that, because of the length of his state
court sentence, Mr. Antonetti is likely to be transferred to a state prison in Orlando.
8.
Following that call, the undersigned conferred with other stakeholders,
including Mr. Antonetti, and learned that a transfer is not likely because of the federal
hold.
9.
In an abundance of caution, the undersigned counsel1 files this motion to
best ensure that Mr. Antonetti will not be transferred to state prison in Orlando while
this matter remains pending.
10.
Mr. Antonetti’s presence in the Tampa area is necessary because that is
where his defense counsel for this matter is located; this matter (including trial)2
remains pending before this Court; the parties might schedule a proffer with Mr.
Antonetti and the prosecution, who is also located in Tampa; and Mr. Antonetti’s
family lives in the Tampa area.
1 At the time of this filing, defense counsel’s wife is undergoing labor for their first child. The
undersigned apologizes for any lack of clarity in this motion. Given the time-sensitive need
to confirm Mr. Antonetti’s housing, the undersigned filed this motion.
2 The parties anticipate asking the Court for a continuance at the next status conference based
on current discussions to possibly resolve this matter.
Case 8:24-cr-00317-VMC-AEP Document 34 Filed 10/23/24 Page 2 of 4 PageID 67
3
11.
In the event that Mr. Antonetti cannot remain at FRJ because the U.S.
Marshals’ contract is not with FRJ, Mr. Antonetti alternatively asks that the Court
order FRJ to transfer him to Pinellas County Jail until this matter fully resolves.
12.
The undersigned conferred with Assistant U.S. Attorney Christopher
Poor, who has no objection to Mr. Antonetti’s requested relief.
Therefore, Mr. Antonetti respectfully requests that the Court order directing
Falkenberg Road Jail to keep Mr. Antonetti in custody. In the event that is not possible
for FRJ or U.S. Marshals, Mr. Antonetti asks that the Court order FRJ to transfer Mr.
Antonetti to Pinellas County Jail.
Respectfully submitted,
/s/ Diego M. Pestana_________
Diego M. Pestana
Florida Bar #1004436
THE SUAREZ LAW FIRM, P.A.
1011 West Cleveland Street
Tampa, FL 33606
Telephone: (813) 229-0040
Facsimile: (813) 229-0041
dpestana@suarezlawfirm.com
Counsel for Defendant David Antonetti
Case 8:24-cr-00317-VMC-AEP Document 34 Filed 10/23/24 Page 3 of 4 PageID 68
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on October 23, 2024, a copy of this
document was filed electronically. Notice of this filing will be sent by operation of the
Court’s electronic filing system to all parties indicated on the electronic filing receipt.
Parties may access this filing through the Court’s electronic filing system.
/s/ Diego M. Pestana
Diego M. Pestana
Case 8:24-cr-00317-VMC-AEP Document 34 Filed 10/23/24 Page 4 of 4 PageID 69File and source
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