Defendant's Motion for a 5-Minute Status Conference — USA v. Sheppard (Dkt. 286, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 286 · 2024-08-13 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE No. 22-20290-CR-BLOOM 
 
UNITED STATES OF AMERICA, 
 
 
vs. 
 
 
 
 
 
 
 
ERIC DEAN SHEPPARD, 
 
 
 
 
 
 
 
 
 
 
 
Defendant. 
_______________________________/ 
 
REQUEST FOR A 5-MINUTE STATUS CONFERENCE AS SOON AS 
POSSIBLE BEFORE AUGUST 23, 2024, REGARDING SHEPPARD’S 
RENEWED MOTION FOR BOND PENDING APPEAL OR FOR AN 
EXTENSION OF HIS SELF-SURRENDER DATE 
 
 
On June 7, 2024, this Court sentenced Sheppard to 18 months incarceration 
and set a tentative voluntary surrender date for August 23, 2024 at 4:00PM, 
Judgment [DE#267] at 2, the same day that the parties will appear in Court for the 
hearing on restitution and forfeiture at 1:30PM. Paperless Order [DE#263]. 
 
On June 28, 2024, Sheppard filed a Renewed Motion for Bond Pending 
Appeal based primarily on the Supreme Court’s intervening grant of certiorari in 
Kousisis v. United States (U.S. No. 23-909) and sentencing error invited by the 
government in calculating Sheppard’s “intended loss.”  [DE# 273].  The government 
filed an opposition on July 11, 2024, Response [DE#277], and Sheppard filed his 
Corrected Reply [DE#280], the very next day July 12, 2024. The motion remains 
pending. If the Court grants the motion, the issue of Sheppard’s surrender date is 
moot. But if the Court denies the motion, Sheppard would promptly file a similar 
motion in the Court of Appeals. 
Case 1:22-cr-20290-BB   Document 286   Entered on FLSD Docket 08/13/2024   Page 1 of 2

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Meanwhile, the United States Marshal has informed undersigned by email 
(attached as Exhibit 1) that Sheppard has been designated to the Miami Satellite 
Camp. 
 
Sheppard requests a 5-minute conference (by phone, by Zoom, or in person) 
as soon as possible before the August 23, 2024 hearing on forfeiture and restitution, 
to address the status of the bond motion and the alternative, if the Court does not 
grant the motion, of extending the voluntary surrender date (e.g., by 30 days), to 
allow the Court of Appeals to consider the issue before Sheppard is required to self-
surrender. 
 
 
 
 
Respectfully submitted,  
 
 
 
 
BLACK SREBNICK  
201 South Biscayne Boulevard, Suite 1300  
Miami, Florida 33131 / Tel. (305) 371-6421  
 
By:  /s Howard Srebnick   
Howard Srebnick  
  Florida Bar No. 919063  
  Email: HSrebnick@RoyBlack.com 
 
 
 
 
 
 
O’MELVENY & MYERS 
 
 
 
 
 
Jeffrey L. Fisher (admitted pro hac vice) 
 
 
 
 
 
Jason Zarrow (admitted pro hac vice) 
 
 
 
 
 
 
 
 
 
 
 
NELSON MULLINS 
Jayne C. Weintraub 
  Florida Bar No. 320382 
Jonathan Etra  
  Florida Bar No. 686905 
Christopher Cavallo  
  Florida Bar No. 0092305  
 
Case 1:22-cr-20290-BB   Document 286   Entered on FLSD Docket 08/13/2024   Page 2 of 2

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