Unopposed MOTION to Continue Trial by Eric Dean Sheppard. Responses due by 11/21/2022 — USA v. SHEPPARD (Dkt. 31)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 31 · 2022-11-07 · Docket on CourtListener

Summary

Defendant's Unopposed Motion to Continue Calendar Call and Trial, filed November 7, 2022 as Document 31 in United States of America v. Eric Dean Sheppard, No. 1:22-cr-20290-BB, in the U.S. District Court for the Southern District of Florida. The motion states that a June 29, 2022 Indictment charged Sheppard with six counts of wire fraud under 18 U.S.C. §1343, and that trial is set for January 17, 2023. It cites lead counsel's limited ability to work for a period and the volume of discovery, and asks for a continuance of about six months and a status report in February, 2023. The defendant waives speedy trial rights as needed and asks that time be excluded from January 17, 2023. The motion reports that AUSA Marty Fulgueira Elfenbein does not oppose, and is signed by Jayne C. Weintraub of Nelson Mullins.

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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 January 17, 2023, with a calendar 
call of January 10, 2023 and a plea agreement due by January 6, 2023. 
3. 
Unfortunately, undersigned lead counsel (Jayne Weintraub) has undergone 
unexpected emergency back fusion surgery that has substantially impacted the undersigned’s 
ability to work.  Specifically, undersigned counsel is not expected to be able to return to work for 
at least ten (10) weeks from this writing.  
4. 
Due to the uncertainty of the actual recovery period,  it is respectfully requested 
that the Court set a status report with the parties, or one in writing to be to be filed with the Court 
in February, 2023, to ensure the dates set will be able to be abided by without further delay. 
Case 1:22-cr-20290-BB   Document 31   Entered on FLSD Docket 11/07/2022   Page 1 of 3

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5. 
Additionally, because of the volume of discovery and complexity of the charges, 
the defense 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.  
6. 
Defendant respectfully requests a continuance of approximately six (6) months.   
7. 
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 January 17, 2023, through the new date 
set for trial.  
8. 
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: November 7, 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/ Jayne C. Weintraub 
Jon A. Sale  
Florida Bar No. 246387  
Jayne C. Weintraub 
Florida Bar No. 320382 
Case 1:22-cr-20290-BB   Document 31   Entered on FLSD Docket 11/07/2022   Page 2 of 3

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Jonathan Etra  
Florida Bar No. 686905 
Mark F. Raymond  
Florida Bar No. 373397  
Christopher Cavallo  
Florida Bar No. 0092305 
 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on November 7, 2022 the foregoing document was filed via 
the Court’s CM/ECF system to all counsel of record.  
/s/ Jayne C. Weintraub  
Jayne C. Weintraub 
Case 1:22-cr-20290-BB   Document 31   Entered on FLSD Docket 11/07/2022   Page 3 of 3

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