Unopposed MOTION to Continue Trial by Eric Dean Sheppard. Responses due by 2/17/2023 — USA v. SHEPPARD (Dkt. 42)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 42 · 2023-02-03 · Docket on CourtListener

Summary

Defendant Eric Dean Sheppard's unopposed motion to continue calendar call and trial, filed February 3, 2023 as Doc. 42 in United States v. Sheppard, No. 1:22-cr-20290-BB, in the U.S. District Court for the Southern District of Florida. The motion asks the Court to reset trial until September 2023, citing defense counsel's limited ability to work full-time and the preparation the case requires. It states that an expert advisory firm was engaged to review the discovery on the six loan applications at issue and that the defense must locate documents and interview people beyond the government's discovery. The motion states that the government agrees to the request and that the defendant waives his rights under the Speedy Trial Act for the period of the continuance. It is signed by Jayne C. Weintraub and Jonathan Etra 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 FOR EXTENSION  
OF TIME 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. 
Undersigned counsel underwent emergency major spine surgery at the end of 
October 2022. What was expected to be a three-to-four-hour surgery ended up taking 
approximately eight hours.  If all continues go to well, a full recovery should take six to twelve 
months.  
2. 
 In January of 2023, undersigned counsel started to resume work on a part-time 
basis. Counsel can remain seated only for a limited amount of time with periodic breaks to stand 
and walk around per doctor’s orders.  
3. 
In November 2022, counsel sought and was granted an extension by this Court until 
May 2023. Unfortunately, recovery from this type of surgery progresses slowly and has limited 
undersigned counsel’s ability to work full-time.  
4. 
As undersigned counsel gradually returns to work, there are several cases which 
require  extensive  preparation. Counsel is trying her best, subject to her physical limitations, to 
keep up with her professional obligations. In  weighing her ethical and professional responsibilities 
Case 1:22-cr-20290-BB   Document 42   Entered on FLSD Docket 02/03/2023   Page 1 of 4

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counsel has had to make difficult choices in prioritizing her cases.  Last week, due to physical 
limitations,  Counsel was permitted to withdraw from a high visibility case in  the SDNY.  This 
case is a high priority for the undersigned, and counsel  seeks the opportunity to  fully execute her 
professional responsibilities to the client, which, unfortunately requires additional time.  
5. 
Undersigned counsel has conferred with the Defendant, Eric Sheppard, who 
completely supports the request to maintain the undersigned as lead counsel and to request an 
additional extension in order to properly prepare for trial. 
6. 
 The time undersigned counsel was unavailable was not wasted. An expert advisory 
firm was hired and engaged to assist in reviewing and analyzing the voluminous discovery on the 
six loan applications at issue. Counsel has a professional responsibility to personally review the 
voluminous discovery, spend sufficient time with the client, and prepare the defense which the 
Defendant is entitled to. Counsel believes in good faith that given additional time, she will be fully 
recovered and able to provide the Defendant with effective assistance of counsel.  
7. 
The preparation of this case is complex and time consuming as it involves 
knowledge of construction deadlines and understanding the real estate business as it evolved 
during the unprecedented initial stages of the pandemic. It requires an extensive amount of work 
beyond the Government’s discovery, including searching for and locating documents and 
interviewing people, who have since, in many instances, relocated.  The case involves multiple 
aspects of a large, multi-faceted, and evolving construction and development project during the 
pandemic. 
8. 
The Government offered defense counsel the opportunity to view additional 
documents and discovery that is available  in the U.S. Attorney’s Office    
Case 1:22-cr-20290-BB   Document 42   Entered on FLSD Docket 02/03/2023   Page 2 of 4

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9. 
Undersigned counsel and counsel for the government have discussed this request 
for a continuance. Candidly, both sides have family summer vacations scheduled.  Therefore, due 
to the highly unusual, personal and particularized reasons articulated herein, the parties have 
agreed to request the Court to reset trial until September 2023. 
10. 
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 the date of the filing of this Motion through 
the new date set for trial.  
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: February 3, 2023  
 
 
 
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 
Jayne C. Weintraub 
Florida Bar No. 320382 
Jonathan Etra  
Florida Bar No. 686905 
 
 
Case 1:22-cr-20290-BB   Document 42   Entered on FLSD Docket 02/03/2023   Page 3 of 4

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CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on February 3, 2023 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 42   Entered on FLSD Docket 02/03/2023   Page 4 of 4

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