Court filing

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

Summary

Document 222, filed 03/18/24 in No. 22-20290-CR-BLOOM(s) in the U.S. District Court for the Southern District of Florida, is the United States' three-page Motion to Continue Oral Argument Date, signed by Assistant U.S. Attorney Aimee Jimenez. The court had set April 4, 2024 for argument on Eric Dean Sheppard's motions for judgment of acquittal and for new trial (DE 221) after he asked for argument without conferring with the government. The government says argument is unnecessary on the Dubin aggravated identity theft and Ciminelli fraud issues, which were briefed twice, and lists its lawyers' conflicts in March and April 2024. It notes defense counsel can do April 8 or 9 if another judge allows, and asks for a date convenient to all. Sentencing is shown as May 8, 2024, and no ruling appears.

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Filed March 18, 2024 in USA v. Sheppard; one of 304 filings from this case.

Record facts

Court	U.S. District Court for the Southern District of Florida
Filed	2024-03-18

Cite this document

“Motion to Continue Oral Argument Date re 221 Order on Motion for Hearing — USA v. Sheppard (Dkt. 222, S.D. Fla.).” U.S. District Court for the Southern District of Florida, No. 1:22-cr-20290-BB, Doc. 222, filed 2024-03-18. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-eric-dean-sheppard-flsd-615773/2024-03-18-gov-uscourts-flsd-615773-222-0-doc-222/, SHA-256 462432ae21b716db316b53af9fe10f5ed89f6f068c76f29ee2f5a36076a65c12.

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Full text

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

Page 2 of 3

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____________