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Home Court filings USA v. Lattany Response to Motion by USA as to Dejane Reaniece Lattany re 37 Motion for Order — USA v. Lattany (Dkt. 40, D. Colo.)

Court filing

Response to Motion by USA as to Dejane Reaniece Lattany re 37 Motion for Order — USA v. Lattany (Dkt. 40, D. Colo.)

Filed September 22, 2023 in USA v. Lattany; one of 77 filings from this case.

Record facts

CourtU.S. District Court for the District of Colorado
Filed2023-09-22

U.S. District Court for the District of Colorado · No. 1:23-cr-00074-NYW · Doc. 40 · 2023-09-22 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLORADO 
 
Criminal Case No.  23-cr-00074-NYW 
 
UNITED STATES OF AMERICA, 
 
 
Plaintiff, 
v. 
 
1. 
DEJANE REANIECE LATTANY, 
 
 
Defendant.                                  
_____________________________________________________________________ 
GOVERNMENT’S RESPONSE TO DEFENDANT’S  
MOTION TO EXTEND SELF-SURRENDER DATE  
_____________________________________________________________________ 
The government files this response to defendant Dejane Reaniece Lattany’s 
Stipulation and Order for Extension of Self Surrender Date, which the Court has 
construed as a motion to extend her self-surrender date.  (ECF No. 37.)  For the 
reasons set forth below, the government does not oppose a partial extension of the 
defendant’s self-surrender date.   
I. Background 
 
 
On March 17, 2023, the government filed a one-count Information, charging the 
defendant with one count of wire fraud in violation of 18 U.S.C. § 1343.  (ECF No. 1.)  
On April 26, 2023, the defendant pled guilty to Count 1 of the Information.  (ECF No. 
13.)   
 
On August 15, 2023, the Court sentenced the defendant to 48 months as to 
Count 1 of the Information, to run concurrently to the sentence imposed in Denver 
County District Court Case No. 2022CR6134, followed by 3 years’ supervised release.  
Case No. 1:23-cr-00074-NYW     Document 40     filed 09/22/23     USDC Colorado     pg 1
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(ECF No. 27 at 2-3.)  The Court further ordered that the defendant pay restitution, 
forfeiture, and a $100 special assessment.  (Id. at 6-7.)  The Judgment in a Criminal 
Case included an order that “[t]he defendant shall surrender for service of sentence at 
the institution designated by the Bureau of Prisons[ ] before 12 p.m. within 15 days of 
designation.”  (Id. at 2.)  The Judgment further included the Court’s recommendation 
that the defendant be designated to a facility in the State of Colorado.  (Id.) 
 
On September 1, 2023, the Court issued the Voluntary Surrender Order 
Supplementing Judgment, directing the defendant to self-surrender herself by reporting 
to the Warden at the FCI Victorville Satellite Camp, 13777 Air Expressway, Victorville, 
California on September 28, 2023, by 12:00 p.m.  (ECF No. 32.)   
 
On September 19, 2023, the defendant filed the motion to extend her self-
surrender date, requesting that the Court issue an order extending her self-surrender 
date to November 30, 2023.  (ECF No. 37 at 1.)  Citing Federal Rule of Criminal 
Procedure 38, the defendant requests that the Court extend her self-surrender date 
based on, inter alia: (1) her need for additional time to arrange for her children’s care, to 
wean her one-year-old son from breastfeeding, and to attend court hearings related to 
her children; and (2) her desire to attend her graduation ceremony on October 7, 2023.  
(Id. at 1-2.)   
II. 
Government’s Position 
 
The government does not oppose a short extension of the defendant’s self-
surrender date to allow the defendant to arrange for her children’s care while she serves 
her term of incarceration, but is not certain that an extension to November 30, 2023 is 
Case No. 1:23-cr-00074-NYW     Document 40     filed 09/22/23     USDC Colorado     pg 2
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merited.1  Although the defendant represents that she has a “series of court hearings to 
protect her children,” she does not provide information regarding the specific nature or 
timing of those proceedings.  Without such information, the government is unable to 
determine whether an extension to November 30, 2023 is necessary.  The undersigned 
AUSA has requested information from defense counsel regarding the timing of the 
defendant’s pending court hearings but has not received those details as of the time of 
this filing.  Nonetheless, the government recognizes that the defendant is a single  
 
/ /  
 
 
 
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1 The defendant cites Federal Rule of Criminal Procedure 38(b)(2) in support of her 
request, which provides: “[i]f the defendant is not released pending appeal, the court 
may recommend to the Attorney General that the defendant be confined near the place 
of the trial or appeal for a period reasonably necessary to permit the defendant to assist 
in preparing the appeal.”  Although Rule 38(b)(2) does not explicitly provide a basis for 
the Court to grant the defendant’s request, it appears as though the Court nonetheless 
has the authority to issue an order extending a defendant’s self-surrender date.  See, 
e.g., United States v. Garlock, 2020 WL 1439980, at *1 (N.D. Cal. Mar. 25, 2020) 
(extending the defendant’s surrender date from June 12, 2020 to September 1, 2020 in 
light of COVID-19 pandemic); United States v. Cox, 2019 WL 5538069, at *1 (D. Neb. 
Oct 25, 2019) (order continuing the defendant’s commitment date).  
 
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mother and has family obligations that may warrant some extension of her self-
surrender date.   
Dated this 22nd day of September, 2023. 
 
COLE FINEGAN 
United States Attorney  
 
By: s/ Nicole C. Cassidy  
 
 
 
 
 
 
 
  
 
Nicole C. Cassidy  
 
Rebecca S. Weber  
Assistant United States Attorneys 
1801 California Street, Suite 1600 
Denver, Colorado 80202 
Tel: (303) 454-0100 
Fax: (303) 454-0409 
Nicole.cassidy@usdoj.gov 
Rebecca.weber@usdoj.gov 
Attorneys for the Government 
 
 
 
Case No. 1:23-cr-00074-NYW     Document 40     filed 09/22/23     USDC Colorado     pg 4
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CERTIFICATE OF SERVICE 
 
I hereby certify that on the 22nd day of September, 2023, I electronically filed the 
foregoing:   
 
GOVERNMENT’S RESPONSE TO DEFENDANT’S  
MOTION TO EXTEND SELF-SURRENDER DATE  
 
with the Clerk of the Court using the CM/ECF system which will send notification of such 
filing to all counsel of record in this case.  
 
s/ Stephanie Price  
Supervisory Legal Assistant  
United States Attorney’s Office 
 
 
 
Case No. 1:23-cr-00074-NYW     Document 40     filed 09/22/23     USDC Colorado     pg 5
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  1. Order on Motion for Extension of Self-Surrender Date as to Dejane Reaniece Lattany — USA v. Lattany (Dkt. 41, D. Colo.)same docket · 2023-09-25
  2. Notice of Appearancesame docket · 2023-09-20
  3. AMENDED VOLUNTARY SURRENDER ORDER SUPPLEMENTING JUDGMENT as to Dejane Reaniece Lattany;… — USA v. Lattany (Dkt. 42)same docket · 2023-09-25
  4. Proposed Order (PDF Only) — USA v. Lattany (Dkt. 37.1)same docket · 2023-09-19
  5. Motion to Modify 42 Order to Surrender, by Dejane Reaniece Lattany — USA v. Lattany (Dkt. 43, D. Colo.)same docket · 2023-10-26
  6. Stipulation and Motion for Extension of Self Surrender Date by Dejane Reaniece Lattany — USA v. Lattany (Dkt. 37, D. Colo.)same docket · 2023-09-19
  7. Order on Motion to Modify Self-Surrender Order by Judge Nina Y. Wang — USA v. Lattany (Dkt. 44, D. Colo.)same docket · 2023-10-27
  8. Order Granting 34 Leave to Proceed in Forma Pauperis as to Dejane Reaniece Lattany — USA v. Lattany (Dkt. 35, D. Colo.)same docket · 2023-09-11
  9. SECOND AMENDED VOLUNTARY SURRENDER ORDER SUPPLEMENTING JUDGMENT By Judge Nina Y.… — USA v. Lattany (Dkt. 45)same case · 2023-10-27
  10. Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed — USA v. Lattany (Dkt. 34, D. Colo.)same case · 2023-09-06
  11. Motion to Vacate, Set Aside, Or Correct Sentence Pursuant to 28 U.S.C. — USA v. Lattany (Dkt. 46, D. Colo.)same case · 2023-11-13
  12. Minute Order on Pro Se Extension Letter — USA v. Lattany (D. Colo.)same case · 2023-09-01
  13. Motion for Appointment of Counsel by Dejane Reaniece Lattany — USA v. Lattany (Dkt. 47, D. Colo.)same case · 2023-11-13
  14. Voluntary Surrender ORDER Supplementing Judgment as to Dejane Reaniece Lattany;… — USA v. Lattany (Dkt. 32)same case · 2023-09-01
  15. Entry of Appearance of Counsel, § 2255 Proceeding — USA v. Lattany (D. Colo.)same case · 2023-11-16
  16. Letter re: Request for Extension of Appeal Response Deadline by Dejane Reaniece Lattany — USA v. Lattany (Dkt. 30, D. Colo.)same case · 2023-08-29
  17. Order as to Dejane Reaniece Lattany, On or before December — USA v. Lattany (Dkt. 49, D. Colo.)same docket · 2023-11-16
  18. Motion to Withdraw as Counselsame docket · 2023-08-21
  19. Character Reference Letter — The National Society of Leadership and Success — USA v. Lattany (D. Colo.)same docket · 2023-11-27
  20. Judgment as to defendant Dejane Reaniece Lattany — USA v. Lattany (Dkt. 27, D. Colo.)same docket · 2023-08-21

Part of: U.S. District Court for the District of Colorado · Paycheck Protection Program (PPP) · COVID Economic Injury Disaster Loans (EIDL) · Criminal prosecutions · Orders and opinions · 2023 · Court filings

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