Court filing

Motion to Modify 42 Order to Surrender, by Dejane Reaniece Lattany — USA v. Lattany (Dkt. 43, D. Colo.)

Filed October 26, 2023 in USA v. Lattany; one of 77 filings from this case.

Record facts

Court	U.S. District Court for the District of Colorado
Filed	2023-10-26

U.S. District Court for the District of Colorado · No. 1:23-cr-00074-NYW · Doc. 43 · 2023-10-26 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

CASE NO. 23-cr-00074-NYW

UNITED STATES OF AMERICA,

Plaintiff,

DEJANE REANIECE LATTANY,

Defendant.
_____________________________________________________________________________

MOTION TO MODIFY SELF-SURRENDER ORDER
_____________________________________________________________________________
COMES NOW, Defendant Dejane Reanice Lattany, by and through Assistant Federal
Public Defender Josh Lilley, respectfully requests that this Court modify Ms. Lattany’s self-
surrender date from October 30, 2023 to November 30, 2023. In support, Ms. Lattany would
show as follows:
I.
Introduction
On March 17, 2023, Ms. Lattany was charged by information with a single count of wire
fraud in violation of 18 U.S.C. § 1343. Doc. 1. On March 28, 2023, Ms. Lattany filed a Notice of
Disposition, and a Change of Plea hearing was held on April 26, 2023. Docs. 8, 12.
Ms. Lattany was sentenced on August 15, 2023 to 48 months imprisonment and three years
of supervised release. Doc. 27. On the same day the judgment was entered, Ms. Lattany’s prior
counsel withdrew. Doc. 26. As a result, Ms. Lattany, then appearing pro se, filed a
Motion/Request for Extension of Appeal Response Deadline. Doc. 30. The Court granted Ms.
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Lattany’s request and extended her deadline to file a notice of appeal to October 5, 2023. Doc.
31.
On September 1, 2023, this Court entered a Voluntary Surrender Order, requiring Ms. Lattany
to surrender herself on September 28, 2023 to the Warden at FDCI Victorville Satellite Camp in
Victorville, California. Doc. 32. Ms. Lattany then filed a Motion to Extend Self-Surrender Date,
requesting a surrender date of November 30, 2023. In her Motion, Ms. Lattany discussed a
number of difficulties she was working through, including: 1. to care for and set up a stable
living plan for her children while she is incarcerated, including slowing taking her youngest child
off of breastfeeding; 2. to graduate from the University of Phoenix on October 7, 2023; and 3. to
take into consideration that she was having to figure this out on her own given her pro se status
and numerous issues regarding prior counsel’s advice to Ms. Lattany. Doc. 30. The Government
did not oppose an extension but did not have information to determine whether a November 30,
2023 extension was merited. Doc. 40.
On September 20, 2023, undersigned counsel filed a Notice of Appearance, appearing for
Ms. Lattany going forward. Doc. 39.
On September 25, 2023, the Court issued an Order granting Ms. Lattany’s Motion in part,
extending her self-surrender date to October 30, 2023. Doc. 41. In its Order, this Court detailed,
“To the extent Ms. Lattany requires more time to attend the court hearings referenced in her
Motion, she may request an additional extension of time through counsel.” Doc. 41. Therefore,
the Court issued an Amended Voluntary Surrender Order Supplementing Judgment on September
25, 2023, requiring Ms. Lattany surrender to FCI Victorville Satellite Camp on October 30, 2023.
Doc. 42.
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II.
Ms. Lattany’s Request for a November 30, 2023 Self-Surrender Date
Ms. Lattany is requesting that the Court modify the Voluntary Surrender Order, allowing her
to surrender on November 30, 2023, her original date requested. Ms. Lattany is still addressing
many of the same challenges she was facing when she filed her original request to extend her
self-surrender date on September 19, 2023. Most notably, Ms. Lattany is continuing to set up
childcare and living arrangements for her three children. The children are going to stay with
various family members, and Ms. Lattany is coordinating a living schedule. This includes
making sure all family members who will be caring for the children have all the information they
need to properly care for each child, understanding their respective needs. Ms. Lattany is still
slowly taking her youngest child off breastfeeding so there is not an abrupt stop when Ms.
Lattany self-surrenders.
Barring any change of circumstance from people other than Ms. Lattany, the State Court
proceedings Ms. Lattany discussed in her first request have concluded and resolved. However,
one of the largest issues that Ms. Lattany is facing currently is the forfeiture of her home. Doc.
13. Ms. Lattany is balancing the forfeiture process and its effect on the other occupants of the
home, as well as finding living arrangements for her children. Ms. Lattany was unfamiliar with
the forfeiture process and the forfeiture of the home after sentencing. Ms. Lattany feels very
comfortable with a November 30, 2023 self-surrender date and does not foresee any future
requests to extend this date.
As the Court recognized in its previous order, Ms. Lattany has complied with her conditions
of pretrial release, has no history of a failure to appear, she has not incurred any new law
violations, she has no history of violence, and poses no risk to the community. Doc. 41. In the
short time since Ms. Lattany filed her first request to modify the self-surrender date, she has
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continued comply with all conditions of release. Therefore, this Court can again make a finding
“by clear and convincing evidence that [Ms. Lattany] is not likely to flee or pose a danger to the
safety of any other person or the community” pursuant to 18 U.S.C. § 3143.
Undersigned counsel entered on behalf of Ms. Lattany after she filed her first request to
modify her self-surrender date and did not have the opportunity to help her draft her motion and
convey her situation to Government’s counsel. Undersigned counsel has spoken to counsel for
the Government and the Government takes no position to Ms. Lattany’s request.
Wherefore, Ms. Lattany respectfully requests this Court modify or amend the Voluntary
Surrender Order, allowing Ms. Lattany to self-surrender to FCI Victorville Satellite Camp on or
before November 30, 2023.

Respectfully submitted,

VIRGINIA L. GRADY

Federal Public Defender

/s/ Josh Lilley

Josh Lilley

Assistant Federal Public Defender

633 17th Street, Suite 1000

Denver, CO 80202

Telephone: (303) 294-7002

FAX: (303) 294-1192

Email: josh_lilley@fd.org

Attorney for Ms. Lattany

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CERTIFICATE OF SERVICE

I hereby certify that on October 26, 2023, I electronically filed the foregoing with the
Clerk of Court using the CM/ECF system which will send notification of such filing to the
following e-mail addresses:

Nicole C. Cassidy, AUSA

Email: Nicole.Cassidy@usdoj.gov

Rebecca Susan Weber, AUSA

Email: Rebecca.Weber@usdoj.gov

and I hereby certify that I have mailed or served the document or paper to the following non-
CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant’s
name:

Dejane Reaniece Lattany
(via Mail)