Court filing
Unopposed MOTION to Continue Sentencing Hearing by USA as to Desmond Dondre Williams — USA v. Williams (Dkt. 31)
Record facts
| Court | U.S. District Court for the Middle District of Florida |
|---|---|
| Filed | 2023-04-20 |
U.S. District Court for the Middle District of Florida · No. 3:22-cr-00134-HLA-MCR · Doc. 31 · 2023-04-20 · Docket on CourtListener
Summary
The government's unopposed motion to continue the sentencing hearing in United States v. Desmond Dondre Williams, No. 3:22-cr-00134-HLA-MCR, in the U.S. District Court for the Middle District of Florida, filed April 20, 2023 as Doc. 31. The motion recounts that a grand jury returned a three-count indictment on October 13, 2022 charging conspiracy to commit wire fraud and two counts of wire fraud, and that the court accepted the defendant's guilty plea on February 7, 2023 and set sentencing for May 2, 2023. It states that the prosecutor will be unavailable in the weeks of May 1, 2023 and May 8, 2023, and that defense counsel Lisa Call does not object. Citing Local Rule 3.08, the motion asks the court to continue the May 2, 2023 hearing for good cause. It is signed by Assistant United States Attorney Kevin C. Frein and ends with a certificate of service.
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Full text
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION UNITED STATES OF AMERICA v. CASE NO. 3:22-cr-134-HLA-MCR DESMOND DONDRE WILLIAMS GOVERNMENT'S UNOPPOSED MOTION TO CONTINUE SENTENCING HEARING The United States of America, by Roger B. Handberg, United States Attorney for the Middle District of Florida, by and through the undesigned Assistant United States Attorney, moves this Court to continue the sentencing hearing currently scheduled for May 2, 2023, and states: 1. On October 13, 2022, a grand jury sitting in the Middle District of Florida, Jacksonville Division returned a three-count indictment against the defendant. (Doc. 1) It charged the defendant with conspiracy to commit wire fraud and two counts of wire fraud. Id. On October 19, 2022, the Court appointed the Office of the Federal Public Defender to represent the defendant with Lisa Call, Esquire, ultimately handling the case. (Doc. 15). 2. On February 2, 2023, the defendant entered a guilty plea pursuant to a Notice of Maximum Penalties. (Doc. 23) On February 7, 2023, Case 3:22-cr-00134-HLA-MCR Document 31 Filed 04/20/23 Page 1 of 4 PageID 100 2 the Court subsequently accepted the plea of guilty and set the case for sentencing on May 2, 2023. (Doc. 27) 3. The undersigned will now need to be out of the state for military duty the entire week of May 1, 2023. The undersigned is also scheduled to be out of the state for annual leave the entire week of May 8, 2023. 4. The undersigned communicated with counsel for the defendant, Ms. Call. She does not object to a continuance of the sentencing hearing currently scheduled for May 2, 2023. Ms. Call indicated that she will be on annual leave from June 20 through June 30, 2023. 5. This motion is made in good faith and not for purposes of delaying the sentencing hearing. MEMORANDUM Local Rule 3.08 provides that a continuance may be allowed by order of the Court for good cause show. Based on the aforementioned the undersigned suggest that good cause exist. Case 3:22-cr-00134-HLA-MCR Document 31 Filed 04/20/23 Page 2 of 4 PageID 101 3 WHEREFORE, the United States requests this Court continue the sentencing hearing now set for May 2, 2023. Respectfully submitted, ROGER B. HANDBERG United States Attorney By: /s/ Kevin C. Frein KEVIN C. FREIN Assistant United States Attorney Florida Bar No. 0149144 300 N. Hogan Street, Suite 700 Jacksonville, Florida 32202 Telephone: (904) 301-6300 Facsimile: (904) 301-6310 E-mail: kevin.frein@usdoj.gov Case 3:22-cr-00134-HLA-MCR Document 31 Filed 04/20/23 Page 3 of 4 PageID 102 4 U.S. v. Desmond Dondre Williams Case No. 3:22-cr-134-HLA-MCR CERTIFICATE OF SERVICE I hereby certify that on April 20, 2023, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following: Lisa Call, Esquire Counsel for the Defendant. /s/ Kevin C. Frein KEVIN C. FREIN Assistant United States Attorney Case 3:22-cr-00134-HLA-MCR Document 31 Filed 04/20/23 Page 4 of 4 PageID 103
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