Motion to Continue Oral Argument Date re 221 Order on Motion for Hearing — USA v. Sheppard (Dkt. 222, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 222 · 2024-03-18 · Docket on CourtListener

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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 TO CONTINUE ORAL ARGUMENT DATE 
 
 
The United States of America, through the undersigned Assistant United States Attorney, 
respectfully moves this Court, for a continuance of the date set for oral argument regarding the 
defendant’s motions for judgment of acquittal and for new trial.  In support thereof, the 
government states as follows: 
1. 
On Saturday, March 16, 2024, the defendant filed a motion requesting oral 
argument on his post-trial motions for judgment of acquittal and for new trial (DE 220).  In the 
motion, the defendant indicated his counsel’s availability during the next several weeks before the 
sentencing date of May 8, 2024.  Unfortunately, the defendant’s counsel did not confer with the 
government before filing the motion, and the undersigned AUSA was not able to advise defense 
counsel regarding the government’s schedule.  On March 18, 2024, the Court granted the motion 
and scheduled oral argument for April 4, 2024 (DE 221).   
2. 
In the government’s view, oral argument is not necessary on the issues specifically 
raised in the defendant’s motion for oral argument:  aggravated identity theft under Dubin v. 
United States, 599 U.S. 110 (2023), and the fraud issue clarified in Ciminelli v. United States, 598 
U.S. 306 (2023), both of which issues have been extensively briefed by the parties twice, after the 
Case 1:22-cr-20290-BB   Document 222   Entered on FLSD Docket 03/18/2024   Page 1 of 3

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close of the government’s case, and after trial.  Regarding the scheduling of oral argument, the 
undersigned AUSA will be taking a prepaid family vacation out of town between March 27, 2024 
and April 5, 2024.1  In addition, co-counsel, AUSA Martinez will be on vacation the week of 
March 25, 2024 through March 29, 2024, and will be on leave April 17, 2024 through April 19, 
2024.  Government counsel have conflicts on the following days based on other hearings 
previously scheduled: April 10, 2024, 2-3 p.m.; April 24, 2024, 2-3 p.m.; April 29, 2-4 p.m.  
Finally, the undersigned AUSA will be out on medical leave April 25-26, 2024.   
3. 
The defendant’s counsel set forth their availability in the motion for oral argument.  
However, defense counsel have now indicated they are not available on April 24, 2024.  Instead, 
the defendant’s counsel can be available on April 8th and April 9th, assuming U.S. District Court 
Judge Williams allows defense counsel to attend the oral argument (from the trial scheduled for 
April 8, 2024). 
WHEREFORE, the United States respectfully requests that this Court issue an order 
rescheduling the oral argument currently scheduled for April 4, 2024, to a date that is convenient 
for the parties and the Court. 
    
             
 
 
 Respectfully submitted, 
    
MARKENZY LAPOINTE 
  
 
UNITED STATES ATTORNEY 
 
By:   s/Aimee Jimenez___________ 
 
 
 
 
 
 
 
 
Aimee C. Jimenez 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
Court No. A5500795 
 
 
 
 
 
 
99 Northeast 4th Street 
 
 
 
 
 
 
Miami, Florida 33132-2111 
 
1 The government previously moved to continue the sentencing date of April 5, 2024, based on 
the undersigned AUSA’s unavailability during this time period.  DE 210.   
Case 1:22-cr-20290-BB   Document 222   Entered on FLSD Docket 03/18/2024   Page 2 of 3

Page 3 of 3 
 
 
 
 
 
 
 
Tel: (305) 961-9028 
 
 
 
 
 
 
Email: aimee.jimenez@usdoj.gov  
 
 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on March 18, 2024, I filed this motion and proposed order 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 222   Entered on FLSD Docket 03/18/2024   Page 3 of 3

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