Unopposed Motion to Continue Sentencing by USA as to Deconna Burke — USA v. Burke (Dkt. 33, M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 3:23-cr-00068-TJC-MCR · Doc. 33 · 2023-10-27 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
JACKSONVILLE DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
 
 
 
 
CASE NO. 3:23-cr-68-TJC-MCR 
 
DECONNA BURKE 
 
 
GOVERNMENT'S UNOPPOSED MOTION TO 
CONTINUE SENTENCING HEARING 
 
 
The United States of America, by Roger B. Handberg, United States 
Attorney for the Middle District of Florida, by and through the undesigned 
Assistant United States Attorney, moves this Court to continue the sentencing 
hearing currently scheduled for November 21, 2023, and states:  
1. 
On April 19, 2023, a grand jury sitting in the Middle District 
 of Florida, Jacksonville Division returned a one count indictment against the 
defendant. (Doc. 1) It charged the defendant with wire fraud related to fraud 
involving the Paycheck Protection Program. Id. On April 25, 2023, the Court 
appointed the Office of the Federal Public Defender to represent the defendant 
with Scott T. Schmidt, Esquire, ultimately handling the case. (Doc. 11) The 
Court released the defendant on conditions of bond and he remains out of 
custody. (Docs. 14,15) 
  
Case 3:23-cr-00068-TJC-MCR     Document 33     Filed 10/27/23     Page 1 of 4 PageID 100

 
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2. 
On July 26, 2023, the defendant entered a guilty plea 
pursuant to a Notice of Maximum Penalties. (Doc. 24) On July 31, 2023,  
the Court accepted the plea of guilty and set the case for sentencing on 
November 21, 2023. (Doc. 28) 
3. 
The undersigned is now scheduled to be out of the state the entire  
week of November 20, 2023, for annual leave. 
4. 
The undersigned communicated with counsel for the defendant,  
Mr. Schmidt. He does not object to a continuance of the sentencing hearing 
currently scheduled for November 21, 2023.  
5. 
Mr. Schmidt indicated he expects to be out of the office for an  
extended period of time starting in approximately January 2024.  
6. 
Based on Mr. Schmidt’s potential absence and the defendant’s  
job as a trucker both parties respectfully request the sentencing hearing be reset 
to December 2023, if the Court is available.   
7. 
This motion is made in good faith and not for purposes of 
delaying the sentencing hearing.  
MEMORANDUM 
Local Rule 3.08 provides that a continuance may be allowed by order of 
the Court for good cause show. Based on the aforementioned the undersigned 
suggest that good cause exist.  
Case 3:23-cr-00068-TJC-MCR     Document 33     Filed 10/27/23     Page 2 of 4 PageID 101

 
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WHEREFORE, the United States requests this Court continue the 
sentencing hearing now set for November 21, 2023. 
Respectfully submitted, 
 
ROGER B. HANDBERG 
United States Attorney 
 
By: 
 /s/ Kevin C. Frein   
KEVIN C. FREIN 
Assistant United States Attorney 
 
 
 
 
 
 
Florida Bar No. 0149144 
300 N. Hogan Street, Suite 700 
Jacksonville, Florida 32202 
Telephone: (904) 301-6300 
Facsimile: 
(904) 301-6310 
E-mail: 
kevin.frein@usdoj.gov 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 3:23-cr-00068-TJC-MCR     Document 33     Filed 10/27/23     Page 3 of 4 PageID 102

 
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U.S. v. Deconna Burke  
  
Case No. 3:23-cr-68-TJC-MCR 
 
  
CERTIFICATE OF SERVICE 
 
I hereby certify that on October 27, 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: 
 
Scott T. Schmidt, Esquire 
 
Counsel for the Defendant.   
 
 
 
/s/ Kevin C. Frein    
KEVIN C. FREIN 
Assistant United States Attorney 
 
Case 3:23-cr-00068-TJC-MCR     Document 33     Filed 10/27/23     Page 4 of 4 PageID 103

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