Motion for Clarification by Denis Casseus. (Ferro, Laura) Modified on 3/13/2024 to edit text — USA v. Casseus (Dkt. 73, M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:23-cr-00009-KCD-DNF · Doc. 73 · 2024-03-12 · Docket on CourtListener

Full text

1 
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 
___________________________________ 
 
MOTION FOR CLARIFICATION 
 
The Office of the Federal Defender, through undersigned counsel, 
respectfully requests this Court clarify the scope of its appointment of the 
Federal Defender to represent Defendant Denis Casseus.   
 
On January 24, 2024, a pro se motion for compassionate release was filed 
for Mr. Casseus.  Doc. 62.  The Court directed the government to respond.  Doc. 
63.  On February 9, 2024, Mr. Casseus, through private counsel Zeljka Bozanic, 
filed a sentence reduction motion under Amendment 821.  Doc. 64.  The Court 
directed the government to respond to Mr. Casseus’s compassionate release 
motion (Doc. 62) but stated the government was not required to respond to the 
pro se Amendment 821 motion (Doc. 64) until after receipt of Probation’s 
Amendment 821 memorandum.  Doc. 67.  Two days later, the Court appointed 
the Federal Defender “for First Step Act proceedings as to Defendant Denis 
Casseus.”  Doc. 68. On February 21, 2024, the government filed their response 
in opposition to the pro se compassionate release motion.  Doc. 70.   
Case 2:23-cr-00009-KCD-DNF     Document 73     Filed 03/12/24     Page 1 of 3 PageID 358

2 
 
The undersigned has conferred with private counsel Zeljka Bozanic, 
AUSA D. Rodney Brown (Amendment 821), and AUSA Yolande Viacava 
(compassionate release) and some confusion exists regarding the scope of the 
Federal Defender’s representation of Mr. Casseus given that two motions are 
pending.   
 
The undersigned believes the Court’s intention was to appoint the 
Federal Defender to represent Mr. Casseus in his compassionate release 
motion (Doc. 62), while Ms. Bozanic continues to represent Mr. Casseus in the 
Amendment 821 context (Doc. 64).  If that is the case, the undersigned 
respectfully requests an order clarifying that the Federal Defender is 
appointed to represent Mr. Casseus on his compassionate release motion (Doc. 
62) only, while Ms. Bozanic continues to represent Mr. Casseus on his 
Amendment 821 motion (Doc. 64).  The undersigned has spoken to Ms. Bozanic 
and is authorized to represent that both the undersigned and Ms. Bozanic are 
amendable to this.  If that was not the Court’s intention, the undersigned 
respectfully asks the Court to clarify the scope of the Federal Defender’s 
representation in this case.  
 
If the Federal Defender will be representing Mr. Casseus in his 
compassionate release motion (Doc. 62), the undersigned respectfully requests 
the Court defer ruling on that motion to allow counsel time to speak to Mr. 
Casseus; properly exhaust, if necessary; obtain supporting documentation; and 
Case 2:23-cr-00009-KCD-DNF     Document 73     Filed 03/12/24     Page 2 of 3 PageID 359

3 
make any appropriate motions such as a motion to amend.  The undersigned 
has conferred with AUSA Yolande Viacava and is authorized to represent that 
the government is not opposed to such a deferment.   
Dated: March 12, 2024  
 
Respectfully submitted,  
A. FITZGERALD HALL, ESQ. 
FEDERAL DEFENDER, MDFL 
s/ Laura A. Ferro, Esq.  
 
Laura A. Ferro, Esq.  
 
 
 
 
 
 
Research and Writing Attorney 
 
 
 
 
 
 
Florida Bar Number 1015841 
 
 
 
 
 
 
2075 West First Street, Suite 300 
 
 
 
 
 
 
Fort Myers, Florida 33901 
 
 
 
 
 
 
Telephone 239-334-0397 
 
 
 
 
 
 
Email: laura ferro@fd.org 
 
CERTIFICATE OF SERVICE 
 
I certify that a copy of the foregoing has been furnished by electronic 
notification to AUSA Yolande Viacava, AUSA D. Rodney Brown, and private 
counsel Zeljka Bozanic on March 12, 2024. 
s/ Laura A. Ferro, Esq.  
 
Research and Writing Attorney 
Case 2:23-cr-00009-KCD-DNF     Document 73     Filed 03/12/24     Page 3 of 3 PageID 360

File and source

File

gov.uscourts.flmd.410213.73.0.pdf

Size

65,780 bytes

SHA-256

731b17170e9427c45953f43718c078ff7b5053a694047262dfe7dc65b4ae92a1

Our copy

gov.uscourts.flmd.410213.73.0.pdf

Original

PACER (login required)