Unopposed Motion to Continue Sentencing Hearing and for Extension — USA v. Sheppard (Dkt. 229, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 229 · 2024-04-10 · Docket on CourtListener

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. 
____________________________________/ 
UNOPPOSED MOTION TO CONTINUE SENTENCING HEARING AND 
FOR EXTENSION OF SENTENCING RELATED DEADLINES 
 
Defendant Eric Dean Sheppard respectfully submits this Motion for Continuance of 
Sentencing Hearing and for Extension of Sentencing Related Deadlines. In support, Defendant 
states: 
1. 
Sentencing in this matter is scheduled for May 8, 2024, at 9:30 a.m. [D.E. 211]. 
2. 
The draft presentence report (“PSR”) was provided to the parties last week, on April 
3, 2024, while the defense was preparing for oral argument on post-trial motions. As the Court is 
aware, there was substantial post-trial briefing in this case that took many months. 
3. 
Pursuant to the Court’s website, “[t]he parties shall file all motions for 
departure/variance and any objections to the presentence investigation report 14 days prior to the 
scheduled sentencing date.” Criminal Procedures, https://www.flsd.uscourts.gov/content/judge-
beth-bloom. Moreover, it is the defense’s understanding that the Court’s paperless order at [D.E. 
191] substantially shortened the briefing schedule, such that, in this case, motions for downward 
departure/variance and any objections to the PSR and due 14 days after disclosure of the PSR. 
[D.E. 191]. 
Case 1:22-cr-20290-BB   Document 229   Entered on FLSD Docket 04/10/2024   Page 1 of 3

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4. 
Pursuant to [D.E. 191], objections to the PSR and the Defendant’s sentencing 
memorandum are both due on April 17. 
5. 
The PSR is 36 pages long and contains approximately 56 single-spaced paragraphs, 
over 13-pages, of purported “Offense Conduct.” Almost all the “Offense Conduct” in the PSR is 
highly disputed. Some of it is inaccurate. Beyond the “Offense Conduct,” the PSR has numerous 
other problems, including its use of an inflated loss amount that is never explained and does not 
appear to tie back to any of the evidence or arguments from trial, requiring additional briefing. 
6. 
In sum, there is a tremendous amount of work the defense still must do in objecting 
to the PSR, thoroughly reviewing the trial record to support the defense objections, and to prepare 
a sentencing memorandum addressing downward departure and other relevant issues. 
7. 
In addition, co-counsel Howard Srebnick, Esq., who was retained post-trial to assist 
with sentencing, among other things, is unavailable for several weeks, as he is defense counsel in 
a criminal trial before Judge Kathleen M. Williams in Case No. 22-cr-20114. That trial began on 
April 8.1 
8. 
For this reason, Defendant respectfully requests 14-day continuance of the 
sentencing hearing and all sentencing related deadlines. 
9. 
This extension is not sought for purposes of delay and will not prejudice any party. 
10. 
Undersigned counsel met and conferred with counsel for the United States, who 
advised that the government has no objection to the relief sought in this Motion so long as 
Defendant also requests that the government’s responses to Defendant’s PSR objections and 
sentencing memorandum be due two weeks after filing, instead of one week per [D.E. 191], giving 
the government one extra week for its responses. 
 
1 As noted below, Mr. Srebnick is also unavailable May 30 and May 31. 
Case 1:22-cr-20290-BB   Document 229   Entered on FLSD Docket 04/10/2024   Page 2 of 3

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WHEREFORE, Defendant respectfully requests a 14-day continuance of the sentencing 
hearing and all related sentencing deadlines, such that: (1) the sentencing would be continued to 
May 22, 2024 or later (except for May 30 or May 31); (2) Defendant’s objections to the PSR and 
his sentencing memorandum would be due on May 1, 2024; and (3) the government’s responses 
to Defendant’s PSR objections and sentencing memorandum would be due on May 15, 2024. 
Dated: April 10, 2024. 
 
 
 
Respectfully submitted,  
NELSON MULLINS  
One Biscayne Tower, 21st Floor  
2 S. Biscayne Boulevard  
Miami, FL 33131  
Telephone: 305.373.9400  
By: /s/ Christopher Cavallo 
Jayne C. Weintraub 
Florida Bar No. 320382 
Jonathan Etra  
Florida Bar No. 686905 
Christopher Cavallo  
Florida Bar No. 0092305 
 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on April 10, 2024, the foregoing document was filed via the 
Court’s CM/ECF system to all counsel of record.  
/s/ Christopher Cavallo  
Christopher Cavallo 
Case 1:22-cr-20290-BB   Document 229   Entered on FLSD Docket 04/10/2024   Page 3 of 3

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