Unopposed Motion to Continue Trial and Calendar Call — USA v. Sheppard (Dkt. 27, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 27 · 2022-08-15 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FORIDA 
CASE No. 22-20290-CR-BLOOM/OTAZO-REYES 
 
UNITES STATES OF AMERICA 
 
Plaintiff,  
v.  
ERIC DEAN SHEPPARD, 
 
Defendant. 
____________________________________/ 
DEFENDANT’S UNOPPOSED MOTION  
TO CONTINUE CALENDAR CALL AND TRIAL 
 
Defendant, Eric Dean Sheppard (“Sheppard”), respectfully files this Unopposed Motion to 
Continue Calendar Call and Trial. In support of this Motion, Defendant states: 
1. 
On June 29, 2022, an Indictment was returned charging Sheppard with six (6) 
counts of Wire Fraud, in violation of 18 U.S.C. §1343 [D.E. 3].  
2. 
The trial date for this matter is currently set for August 29, 2022, with a calendar 
call of August 23, 2022. 
3. 
The defense has received a substantial volume of discovery regarding the six (6) 
transactions and requires additional time to review the discovery, conduct an investigation, and 
prepare the defense.  Accordingly, a continuance is necessary so that the defendant can properly 
prepare for trial.  
4. 
Because of the volume of discovery and complexity of the charges, Defendant 
respectfully requests a continuance of approximately four (4) months.   
5. 
A four (4) month continuance falls right in the middle of the holiday period.  In 
addition, one of the undersigned counsel will be away during that time period for his daughter’s 
Case 1:22-cr-20290-BB   Document 27   Entered on FLSD Docket 08/15/2022   Page 1 of 3

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Bat Mitzvah.  Therefore, it is respectfully suggested that trial be set for the week beginning January 
16, 2023, or thereafter 
6. 
Defendant knowingly and intelligently waives his speedy trial rights under the 
Speedy Trial Act as necessary for purposes of this Unopposed Motion, and requests, in the interest 
of justice, that the Court exclude speedy trial time from August 29, 2022, through the new date set 
for trial.  
7. 
The undersigned counsel conferred with Assistant United States Attorney Marty 
Fulgueira Elfenbein regarding the relief sought in this Unopposed Motion. AUSA Elfenbein does 
not oppose the relief sought.  
WHEREFORE, Defendant, Eric Dean Sheppard, respectfully requests that this Court 
grant this Unopposed Motion to Continue Calendar Call and Trial, and for such other and further 
relief as may be just and proper.  
Dated: August 15, 2022  
 
 
 
Respectfully submitted,  
NELSON MULLINS  
One Biscayne Tower, 21st Floor  
2 S. Biscayne Boulevard  
Miami, FL 33131  
Telephone: 305.373.9400  
Facsimile: 305.995.6449  
 
By: /s/ Jonathan Etra 
Jon A. Sale  
Florida Bar No. 246387  
Jonathan Etra  
Florida Bar No. 686905 
Mark F. Raymond  
Florida Bar No. 373397  
Christopher Cavallo  
Florida Bar No. 0092305 
 
 
Case 1:22-cr-20290-BB   Document 27   Entered on FLSD Docket 08/15/2022   Page 2 of 3

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CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on August 15, 2022 the foregoing document was filed via the 
Court’s CM/ECF system to all counsel of record.  
/s/ Jonathan Etra  
Jonathan Etra 
Case 1:22-cr-20290-BB   Document 27   Entered on FLSD Docket 08/15/2022   Page 3 of 3

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