Motion in Limine Re Illness or Medical Condition by USA — USA v. Sheppard (Dkt. 138, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 138 · 2023-11-25 · Docket on CourtListener

Full text

1 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO.  22-20290-CR-BLOOM(s)      
 
UNITED STATES OF AMERICA 
 
vs. 
 
 
 
 
 
 
 
 
ERIC DEAN SHEPPARD, 
 
                
Defendant. 
__________________________________/ 
 
 
UNITED STATES’ MOTION IN LIMINE TO EXCLUDE TESTIMONY 
AND OTHER EVIDENCE OF ILLNESS OR MEDICAL CONDITION 
 
 
The United States of America, through the undersigned Assistant United States Attorney, 
files this Motion In Limine, pursuant to Federal Rules of Evidence 401, 402, and 403, to preclude 
testimony or other evidence of any illness or medical condition of the defendant or any close family 
member.  In support thereof, the government submits the following memorandum.  
Background 
 
The defendant is charged with nine counts of wire fraud and five counts of aggravated 
identity theft in connection with the submission of false and fraudulent applications for loans under 
the Paycheck Protection Program and the Economic Injury Disaster Loan program.  It has come 
to the government’s attention during a trial preparation meeting with a witness that the defendant 
and/or a close family member suffered a serious medical condition in the recent past.  Evidence of 
any such illness is irrelevant to the issues in this case and should be excluded. 
Argument 
The government requests that the defendant’s counsel be prohibited from stating during 
voir dire, opening statement, closing argument, or eliciting in any manner from any witness,  
Case 1:22-cr-20290-BB   Document 138   Entered on FLSD Docket 11/25/2023   Page 1 of 3

2 
 
health-related information about the defendant or members of his family.  No illness or medical 
condition experienced by the defendant or a close family member makes any fact that the jury 
needs to determine more or less probable than it would be without the evidence.  Such evidence is 
therefore irrelevant under Fed. R. Evid. 401.  See United States v. Masferrer, 514 F.3 1158 (11th 
Cir. 2008) (“Where proffered evidence does not bear a logical relationship to an element of the 
offense or an affirmative defense . . . a defendant has no right to introduce that evidence.”).   
The government intends to introduce summary evidence from a forensic accountant about  
the use of the funds the defendant received from the PPP and EIDL loans that he was awarded.  
The financial records indicate that some of the loan proceeds were used to pay for medical 
expenses.  The underlying details of any medical condition or medical treatment received for any 
illness or medical condition are irrelevant to a use-of-funds analysis or any other issue in the case.  
Whether the use of PPP or EIDL funds for medical expenses is an authorized use of those funds 
in no way depends on the underlying condition or medical treatment for which the funds were 
used.  The only purpose for introducing evidence of the actual illness or treatment on which the 
funds were spent is to improperly influence the jury by attempting to garner sympathy for the 
defendant. 
Such evidence is also excludable under Fed. R. Evid. 403.  The government does not 
believe this evidence is relevant to deciding any issue in this case.  However, assuming for the 
sake of this analysis that evidence about a medical condition or treatment has some marginal 
relevance, it is substantially outweighed by the danger of unfair prejudice and should be excluded 
pursuant to Fed. R. Evid. 403.  The jury will be instructed that it has an obligation to decide the 
case without being influenced in any way by either sympathy for or prejudice against the defendant 
or the government.  Such evidence is intended precisely to garner sympathy for the defendant and 
Case 1:22-cr-20290-BB   Document 138   Entered on FLSD Docket 11/25/2023   Page 2 of 3

3 
 
to influence the jury against the “big-bad” government.   
 
The government conferred with the defense about this motion in limine on November 24, 
2023, and on November 25, 2023, and was advised of the defense’s position that this evidence is 
relevant to the case and that the defendant opposes the government’s motion.  
Conclusion 
 
For the reasons set forth above, the government respectfully requests that the Court grant 
its motion in limine to exclude irrelevant and prejudicial evidence about any illness, medical 
condition, or medical treatment concerning the defendant or a close family member.   
 
 
 
 
 
Respectfully submitted, 
                                                 
 
MARKENZY LAPOINTE 
                                                 
 
UNITED STATES ATTORNEY 
 
                                          
 
By:    s/Aimee C. Jimenez            
                                                 
 
Aimee C. Jimenez 
                                                 
 
Assistant United States Attorney 
                                                 
 
Court No. A5500795 
                                                 
 
99 N.E. 4th Street 
                                                 
 
Miami, Florida 33132-2111 
                                                 
 
Tel: (305) 961-9028 
                                                 
 
Fax: (305) 530-7976 
                                                 
 
Email: aimee.jimenez@usdoj.gov 
 
 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on November 25, 2023, I electronically filed the foregoing  
 
document with the Clerk of the Court using CM/ECF.  
 
s/Aimee Jimenez                           
Aimee C. Jimenez 
Assistant United States Attorney 
 
 
 
Case 1:22-cr-20290-BB   Document 138   Entered on FLSD Docket 11/25/2023   Page 3 of 3

File and source

File

gov.uscourts.flsd.615773.138.0.pdf

Size

159,254 bytes

SHA-256

788df11b7cf9d35b2895fc357d39b2b9d11aa27f87a37fe678678c591d37dbe6

Our copy

gov.uscourts.flsd.615773.138.0.pdf

Original

PACER (login required)