Unopposed Motion to Extend Time to File Response to Defendant's Amendment 821 Motion — USA v. Casseus (Dkt. 81, M.D. Fla.)

Summary

Document 81, a four-page United States' Unopposed Motion for Extension of Time to Respond to Defendant's Amendment 821 Motion, filed 05/03/24 in the Middle District of Florida, Fort Myers Division, Case No. 2:23-cr-9-TPB-KCD, United States v. Denis Casseus. It traces that Casseus moved for a sentence reduction under Amendment 821 through private counsel Zeljka Bozanic on February 9, 2024, that Assistant Federal Public Defender Laura Ferro appeared on March 7, 2024, and that the Probation Office's April 25, 2024 memorandum found him not eligible. Ferro told the government she does not intend to adopt the earlier motion and will confer with him about a new one. The government asks to respond 14 days after any new motion, and Ferro has no objection. Assistant U.S. Attorney D. Rodney Brown signs.

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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’ UNOPPOSED MOTION FOR EXTENSION OF 
TIME TO RESPOND TO DEFENDANT’S AMENDMENT 821 MOTION 
 
 
The United States of America, by and through the undersigned Assistant 
United States Attorney, files this unopposed motion seeking an extension of time 
within which to file its response to defendant’s motion for reduction of sentence 
based on Amendment 821 to the United States Sentencing Guidelines, and in 
support states as follows:  
 
1. 
On February 9, 2024, Casseus filed his motion for reduction of sentence 
through private counsel, Zeljka Bozanic, Esq. Doc. 64. Upon request of the United 
States, this Court issued an order that, among other things, permitted the United 
States to file its response to defendant’s motion within 21 days after the receipt of the 
U.S. Probation Office’s Amendment 821 memorandum. Doc. 67. 
 
2.  
On March 7, 2024, the Federal Public Defender’s Office, through 
Assistant Federal Public Defender (AFPD) Laura Ferro, Esq., filed its notice of 
appearance for defendant in this case. Doc. 71. 
Case 2:23-cr-00009-KCD-DNF     Document 81     Filed 05/03/24     Page 1 of 4 PageID 400

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3.  
On April 13, 2024, the Court issued an order permitted defendant’s 
private counsel to withdraw from representation. Doc. 77. 
 
4. 
On April 25, 2024, the Probation Office filed its Amendment 821 
memorandum in this case, and assessed that defendant is not eligible for a sentence 
reduction under Amendment 821. Doc. 78. Under the Court’s previous order, this 
filing by the Probation Office would make the United States’ response to the existing 
Amendment 821 filed by defendant’s former counsel due on or before May 16, 2024.  
 
5. 
After receiving the Probation Office’s Amendment 821 memorandum, 
the undersigned spoke by telephone with defendant’s current counsel, AFPD Ferro. 
She advised in substance that she did not intend to adopt the motion filed by 
predecessor counsel (Doc. 64), and further that she had a conference call scheduled 
in the near future with defendant to discuss the potential filing of a new motion for 
reduction of sentence under Amendment 821. 
 
6. 
Accordingly, the United States respectfully requests that this Court 
extend the time for the United States to file its response until 14 days after defendant 
files a new motion for reduction of sentence through his court-appointed counsel. 
 
7. 
As set forth above, the undersigned has consulted by telephone with 
AFPD Ferro regarding this matter, and AFPD Ferro advised that she has no 
objection to the extension of time sought herein. 
 
Case 2:23-cr-00009-KCD-DNF     Document 81     Filed 05/03/24     Page 2 of 4 PageID 401

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WHEREFORE, the United States respectfully requests that this Court extend 
the time for the United States to file its response until 14 days after defendant files a 
new motion for reduction of sentence through his court-appointed counsel.  
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 81     Filed 05/03/24     Page 3 of 4 PageID 402

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United States v. Casseus 
Case No. 2:23-cr-9-TPB-KCD 
 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that on May 3, 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 the following: 
 
 
 
 
 
Laura Ferro, Esq. 
 
 
 
 
 
Assistant Federal Public Defender 
 
 
 
 
 
 
 
 
 
s/ D. Rodney Brown  
 
 
D. RODNEY BROWN 
Assistant United States Attorney 
 
Case 2:23-cr-00009-KCD-DNF     Document 81     Filed 05/03/24     Page 4 of 4 PageID 403

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