Speedy Trial Report (Second) by USA as to Eric Dean Sheppard — USA v. Sheppard (Dkt. 30, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 30 · 2022-09-12 · Docket on CourtListener

Full text

1 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO. 22-20290-CR-BLOOM/OTAZO-REYES 
 
UNITED STATES OF AMERICA,  
 
v. 
 
ERIC DEAN SHEPPARD, 
 
 
          
Defendant. 
________                                       / 
 
UNITED STATES’ SECOND SPEEDY TRIAL REPORT 
 
 
The United States, by and through the undersigned Assistant United States Attorney, 
hereby provides the Court with the following Second Speedy Trial Report: 
 
1. 
The Defendant, Eric Dean Sheppard, was arrested and made his initial appearance 
on Tuesday, July 12, 2022.  ECF No. [6].   
 
2. 
On July 14, 2022, the Defendant filed an Unopposed Motion to Reschedule 
Arraignment and Report re Counsel in which he requested a continuance of the arraignment date 
and entered a speedy trial waiver for the period of the continuance.  ECF No. [10].  The filing of 
pretrial motions automatically stops the speedy trial clock.  See 18 U.S.C. § 3161(h)(1)(D); United 
States v. Tinklenberg, 563 U.S. 647, 650 (2011).  When computing time, neither the day on which 
a motion is filed, nor the day on which the court disposes of the motion, are counted.  See United 
States v. Yunis, 723 F.2d 795 (11th Cir. 1984).  Thus, the speedy trial clock stopped on July 13, 
2022, and only one (1) day had elapsed as of that point in time.  The speedy trial clock did not 
resume until the day after the Defendant’s arraignment, which took place on July 19, 2022, ECF 
Case 1:22-cr-20290-BB   Document 30   Entered on FLSD Docket 09/12/2022   Page 1 of 3

 
 
2 
No. [22].   Id. at 797 (stating that the date of a defendant’s arraignment is excluded from the speedy 
trial computation).   
 
3. 
On July 29, 2022, the United States filed an Unopposed Motion for Disclosure of 
Tax Returns and Tax Return Information. ECF No. [24].  Thus, the speedy trial clock again stopped 
on July 28, 2022, and as of that date, an additional nine (9) days had elapsed.  The Court ruled 
upon this motion on August 1, 2022; therefore, the speedy trial clock resumed on August 2, 2022.   
 
4.  
On August 15, 2022, the Defendant filed a Motion to Continue Trial and Calendar 
Call, which stopped the speedy trial clock.  ECF No. [27].  An additional thirteen (13) days had 
elapsed between August 2, 2022, and August 14, 2022.  As a result, a total of twenty-three (23) 
days of non-excludable time had elapsed as of the filing of the Motion to Continue Trial and 
Calendar Call.    
 
5. 
On August 15, 2022, this Court entered an Order continuing the trial of this matter 
until January 17, 2023, and finding that all time between August 15, 2022, and January 17, 2023, 
was excludable time.  ECF No. [28].  As of the date of this report, only twenty-three (23) non-
excludable days have elapsed under the speedy trial clock and forty-seven (47) days remain.  The 
latest the trial of this matter may take place is, therefore, March 6, 2023. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 1:22-cr-20290-BB   Document 30   Entered on FLSD Docket 09/12/2022   Page 2 of 3

 
 
3 
Respectfully submitted, 
 
    
JUAN ANTONIO GONZALEZ 
  
 
UNITED STATES ATTORNEY 
 
 
 
By:   /s Marty Fulgueira Elfenbein______ 
 
 
 
 
 
 
 
MARTY FULGUEIRA ELFENBEIN 
Assistant United States Attorney 
Florida Bar No. 0020891 
99 Northeast 4th Street 
Miami, Florida 33132-2111 
Tel: (305) 961-9112 
Email: Marta.Elfenbein@usdoj.gov 
 
 
 
 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on September 12, 2022, I electronically filed the foregoing 
document with the Clerk of the Court using CM/ECF, which will send Notices of Electronic Filing 
to all counsel of record.  
 
 
/s Marty Fulgueira Elfenbein_________     
MARTY FULGUEIRA ELFENBEIN 
Assistant United States Attorney 
 
Case 1:22-cr-20290-BB   Document 30   Entered on FLSD Docket 09/12/2022   Page 3 of 3

File and source

File

gov.uscourts.flsd.615773.30.0.pdf

Size

134,838 bytes

SHA-256

ae4eece3d5a3d75a811e950d54ff3a515e0711b4df2fa1e08ac0c1c1f3ecdf0f

Our copy

gov.uscourts.flsd.615773.30.0.pdf

Original

PACER (login required)