Motion to Extend Time to Respond to Defendant's Amendment 821 Motion by USA — USA v. Casseus (Dkt. 66, M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:23-cr-00009-KCD-DNF · Doc. 66 · 2024-02-09 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
 
UNITED STATES OF AMERICA 
 
v. 
 
CASE NO. 2:23-cr-9-TPB-KCD 
 
DENIS CASSEUS 
 
 
UNITED STATES’ MOTION FOR ADDITIONAL TIME 
TO RESPOND TO DEFENDANT’S AMENDMENT 821 MOTION 
 
 
Denis Casseus has filed a motion asking this Court to reduce his sentence 
under 18 U.S.C. § 3582(c)(2) based on Amendment 821 to the United States 
Sentencing Guidelines. See Doc. 64. For the following reasons, the United States 
requests a 21-day extension of time from the receipt of the United States Probation 
Office’s Memorandum addressing the defendant’s eligibility for relief to respond to 
the defendant’s motion. 
 
1. 
Casseus filed his section 3582(c)(2) motion through private counsel, not 
through the Federal Public Defender’s Office. As a result, this Court’s Omnibus 
Order, which establishes an orderly procedure for the processing of these motions in 
Federal Public Defender cases, does not apply.  
 
2. 
The Probation Office has not yet prepared a memorandum addressing 
the defendant’s eligibility and suitability for an Amendment 821 sentence reduction. 
Probation has been triaging this massive undertaking by giving priority based on 
defendants’ expected release dates. Both the United States’ response and this Court’s 
Case 2:23-cr-00009-KCD-DNF     Document 66     Filed 02/09/24     Page 1 of 3 PageID 270

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decision should await the Probation Office’s memorandum, which will state whether 
the defendant is eligible for a reduction (and, if so, how much) and identify other 
matters, such as the defendant’s prison disciplinary record (if any), that may factor 
into the Court’s decision. 
 
3. 
On February 9, 2024, the undersigned spoke by telephone with counsel 
for the defendant, Zeljka Bozanic, Esq., who indicated that she did not object to the 
extension of time sought herein. 
WHEREFORE, the United States respectfully requests that this Court grant a 
21-day extension of time from the receipt of the Probation Office’s Memorandum to 
respond to Casseus’ section 3582(c)(2) motion (Doc. 64).  
Respectfully submitted, 
 
ROGER B. HANDBERG 
United States Attorney 
 
 
By:  s/ D. Rodney Brown  
 
 
D. RODNEY BROWN 
Assistant United States Attorney 
Florida Bar No. 0906689 
300 N. Hogan Street, Suite 700 
Jacksonville, Florida 32202 
Telephone: (904) 301-6300 
Facsimile: 
(904) 301-6310 
E-mail: Rodney.Brown@usdoj.gov 
Case 2:23-cr-00009-KCD-DNF     Document 66     Filed 02/09/24     Page 2 of 3 PageID 271

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United States v. Casseus 
Case No. 2:23-cr-9-TPB-KCD 
 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that on February 9, 2024, I electronically filed this document 
with the Clerk of the Court by using the CM/ECF system, which will send a notice 
of electronic filing to all counsel of record. 
 
 
 
 
 
Zeljka Bozanic, Esq. 
 
 
 
 
 
 
 
 
s/ D. Rodney Brown  
 
 
D. RODNEY BROWN 
Assistant United States Attorney 
 
Case 2:23-cr-00009-KCD-DNF     Document 66     Filed 02/09/24     Page 3 of 3 PageID 272

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