Notice of Unresolved Objections for Sentencing by USA — USA v. Sheppard (Dkt. 253, S.D. Fla.)

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U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 253 · 2024-06-04 · 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’ NOTICE OF OBJECTIONS THAT HAVE BEEN RESOLVED 
AND OBJECTIONS THAT REMAIN TO BE RESOLVED BY THE COURT 
  
 
Pursuant to the Court’s order of January 16, 2024 (DE 191), the United States of America, 
through the undersigned Assistant United States Attorney, hereby submits this Notice indicating 
which objections to the Presentence Investigation Report (“PSR”) have been resolved and which 
objections to the PSR have not been resolved.    
 
Government’s Objections: 
1. 
The government’s objection to the Offense Conduct, Paragraph 37 has been 
resolved. 
2. 
The government’s objections to Paragraphs 103, 105, and 109, relating to the 
defendant’s business, HM Four, and his income derived from the Orlando shopping center, have 
not been resolved. 
3. 
The government’s objections to Paragraphs 75 and 118, relating to the application 
of a two-level enhancement under U.S.S.G. §2B1.1(b)(12), for fraud involving a benefit paid in 
connection with a disaster declaration, has not been resolved. 
Case 1:22-cr-20290-BB   Document 253   Entered on FLSD Docket 06/04/2024   Page 1 of 3

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4. 
The government’s request to include Mr. Neal Cupersmith’s expenses as part of the 
restitution order, and incorporated into Paragraph 62 of the PSR, has not been resolved. 
5. 
The government will seek entry of an order of forfeiture and an order of restitution, 
the amounts for which will depend, in part, on the Court’s rulings regarding the loss amount.   
 
Defendant’s Objections: 
6. 
The defendant’s objections to the Offense Conduct at Paragraphs 11, 12, 15, and 
29 to 35 have not been resolved. 
7. 
The defendant’s objections to the loss amount calculation under U.S.S.G. §2B1.1 
have not been resolved. 
8. 
The defendant’s objection to the application of the sophisticated means 
enhancement under U.S.S.G. §2B1.1(b)(1)(C), has not been resolved. 
9. 
The defendant’s objection to the obstruction of justice enhancement under U.S.S.G. 
§3C1.1, has not been resolved. 
10. 
Government counsel have conferred with the defendant’s counsel regarding this 
Notice, and the defendant’s counsel concur with this Notice. 
             
 
 
 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 
 
 
 
 
 
 
Tel: (305) 961-9028 
 
 
 
 
 
 
Email: aimee.jimenez@usdoj.gov  
 
 
Case 1:22-cr-20290-BB   Document 253   Entered on FLSD Docket 06/04/2024   Page 2 of 3

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CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on June 4, 2024, 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 253   Entered on FLSD Docket 06/04/2024   Page 3 of 3

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