Notice that the Federal Defender Office has Satisfied the Requirements Imposed — USA v. Casseus (Dkt. 83, M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:23-cr-00009-KCD-DNF · Doc. 83 · 2024-05-20 · 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-1 
 
DENIS CASSEUS 
________________________________________ 
  
NOTICE THAT THE FEDERAL DEFENDER’S OFFICE HAS 
SATISFIED THE REQUIREMENTS IMPOSED BY THE AMENDMENT 
821 OMNIBUS ORDER 
 
The Office of the Federal Defender, by and through undersigned counsel, 
hereby gives notice that it has satisfied the requirements set forth in this 
Court’s Omnibus Order In Re: Amendment 821, United States Sentencing 
Guidelines, 3:21-mc-1-TJC (“Omnibus Order”), and respectfully notifies this 
Court that it will not be filing an Amended Sentence Reduction Motion under 
Amendment 821 for Defendant Denis Casseus. 
1. 
The Omnibus Order authorizes the Office of the Federal Defender 
to represent defendants who were sentenced in the Middle District of Florida 
and are potentially eligible for a reduced sentence under 18 U.S.C. § 3582(c)(2) 
and U.S.S.G. § 1B1.10 because of Amendment 821.  Omnibus Order at 1.  
2. 
Under Amendment 821, United States Probation files a 
Memorandum detailing the eligibility of such defendants to receive a sentence 
Case 2:23-cr-00009-KCD-DNF     Document 83     Filed 05/20/24     Page 1 of 3 PageID 404

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reduction under Amendment 821.  Id.  Upon receipt of Amendment 821 
Memorandum, the Federal Defender is required to inform the Court if a 
conflict prevents the Office from representing the defendant, and in the 
absence of a conflict, “evaluate the defendant’s eligibility for relief under 
Amendment.”  Id. at 2.  If the Office “determines that it will not pursue relief 
on the defendant’s behalf, it shall file a notice advising the court . . . and take 
any appropriate steps to comply with the applicable rules of professional 
conduct.” Id. 
3. 
Undersigned counsel has received Probation’s Amendment 821 
Memorandum concerning Defendant’s eligibility and has no conflict of interest 
that would prohibit this Office from representing Defendant. 
4. 
However, based on the undersigned’s thorough and diligent review 
of the record, including Probation’s Amendment 821 Memorandum, Mr. 
Casseus’ original presentence investigation report, and the sentencing 
transcript, the undersigned cannot argue in good faith that Defendant is 
eligible for a sentence reduction under 18 U.S.C. § 3582(c)(2) and Amendment 
821.  While Mr. Casseus had zero criminal history points, the Court varied 
downward at sentencing to the low-end of Mr. Casseus’ amended guideline 
range.  
Case 2:23-cr-00009-KCD-DNF     Document 83     Filed 05/20/24     Page 2 of 3 PageID 405

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5. 
Pursuant to Local Rule 2.02 (c)(1), the undersigned will file to 
terminate representation on May 30, 2024, after 14 days have elapsed since 
the undersigned conferred with Mr. Casseus about Probation’s memorandum, 
and advised Defendant of undersigned counsel’s professional opinion, this 
Notice of Satisfaction, and the right to proceed pro se.   
6. 
Mr. Casseus’ Motion to Reduce Sentence Based on Retroactive 
Application of Amendment 821 to the Sentencing Guidelines was already filed 
by Mr. Casseus’ former attorney, Zelijka Bozanic.  Mr. Casseus would like the 
Court to rule on that motion and will represent himself pro se if necessary.     
Accordingly, the Office of the Federal Defender will not be filing a motion 
for sentence reduction under Amendment 821 for Defendant Denis Casseus.  
Respectfully submitted, 
A. Fitzgerald Hall, Esq. 
 
 
 
 
 
 
Federal Public Defender 
 
 
 
 
 
 
Middle District of Florida  
 
/s/ Laura Anne Ferro 
Laura Anne Ferro, Esq. 
Research and Writing Attorney 
2075 W. First Street, Suite 300 
Fort Myers, Florida 33901 
Telephone: (239) 334-0397 
E-Mail: Laura_Ferro@fd.org  
 
Case 2:23-cr-00009-KCD-DNF     Document 83     Filed 05/20/24     Page 3 of 3 PageID 406

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