Court filing
Sentencing Hearing Minutes — United States v. Daniel Joseph Tisone
Filed February 21, 2023 in U.S. v. Daniel Tisone; one of 7 filings from this case.
What This Document Is
The clerk's minutes of Tisone's in-person sentencing hearing held February 21, 2023, recording the objections raised, rulings made, and sentence imposed in real time.
Factual Summary
The hearing convened at 10:30 a.m. The court noted the defense's 200-plus-page sentencing memorandum (Docket 90) had been filed late the previous night and reviewed prior to the hearing. Tisone confirmed he had received and reviewed the PSR with counsel. Defense counsel Eiglarsh stated no objection to the PSR's facts or guideline application generally, but raised the previously stricken downward-departure-from-criminal-history objection (Docket 70) and the actual-vs-intended-loss objection (Docket 71, citing Dupree); the court overruled both objections on the record. AUSA Reichling then presented the government's 5K1.1 motion (Docket 86) requesting a two-level reduction, which the court granted, moving from the PSI's initial guideline range to a reduced range. The court imposed 87 months' imprisonment on Counts 2, 8, 14, and 18 (concurrent), 3 years' supervised release, a $400 special assessment, waived the fine, ordered restitution with interest waived, and directed forfeiture as requested. The court recommended RDAP participation and placement near Fort Myers, and set self-surrender for April 19, 2023, splitting the difference between the defense's requested 90-day and the government's requested 30-day self-surrender window. The court reconvened briefly at 1:17 p.m. to advise Tisone of his appeal rights and to note pending third-party property motions were being worked out between counsel.
Key Facts
- Sentencing hearing held 2023-02-21, 10:30 a.m. to 11:55 a.m., reconvened 1:17-1:19 p.m. for appeal-rights advisement.
- Both defense guideline objections (Docket 70's stricken criminal-history departure request, raised again, and Docket 71's actual-loss objection) overruled on the record.
- Government's 5K1.1 motion (Docket 86) granted, producing the reduced guideline range from which the court imposed 87 months, the bottom of that range.
- Self-surrender set for April 19, 2023 by 2:00 p.m., a compromise between the defense's 90-day and the government's 30-day requests.
Source Caveats
- No generated canonical page exists for this document as of; the field is omitted rather than invented.
- This is a clerk's summary minute entry, not a verbatim transcript; for exact language of the court's rulings and colloquy, see the Sentencing Hearing Transcript (Docket 92, already banked).
- Extracted text is a clean, non-defective text extraction; no OCR was required.
No. 2:22-cr-00039-SPC-NPM · Doc. 91 · 2023-02-21 · Docket on CourtListener
Full text
Case 2:22-cr-00039-SPC-NPM Document 91 Filed 02/21/23 Page 1 of 4 PageID 886
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA
v. CASE NO.: 2:22-cr-39-SPC-NPM
DANIEL JOSEPH TISONE
/
SENTENCING MINUTES
Presiding Judge: United States District Judge Sheri Polster Chappell
Counsel for Plaintiff: Trenton Reichling and Susan Nebesky
Counsel for Defendant: Mark R. Eiglarsh
Probation Officer: Nick Stevens
Date and Time: February 21, 2023 @ 10:00 AM
Deputy Clerk: Allison Holland
Court Reporter: Stacey Raikes
Start Time: 10:30am Court convenes.
AUSA Reichling on behalf of the Government, Attorney Mark Eiglarsh
present on behalf of the defendant, Daniel Joseph Tisone, who is also
present in court today. USPO Nick Stevens also present in court.
The Court addresses defense pleading filed late last night (over 200+
pages) have been reviewed prior to hearing.
The Defendant confirms he received a copy of the PSR and reviewed the
report with his attorney, asking all necessary questions and discussing
facts contained therein.
Attorney Eiglarsh advises no objections to the facts contained in the PSR
and defense has no objections to the officer’s application of the guidelines
as applied by the probation officer.
Defense states objections raised in motions filed. Defense cites pleading
filed January 9th, at docket entry 70 (MOTION for downward departure
From Criminal History Category III). Counsel advised pleading 70 was
stricken on January 10th via endorsed order, directing defense to raise
Case 2:22-cr-00039-SPC-NPM Document 91 Filed 02/21/23 Page 2 of 4 PageID 887
any objections to the Preliminary Presentence Report directly to United
States Probation.
The Court inquires of probation as to objections; objections received from
defense and addressed.
AUSA Reichling responds, cites case law; copies provided to court and
opposing counsel.
As to Dupree, for the reasons stated on the record, the Court overrules
the objection.
Defense raises objection to categorization of defendant’s criminal history,
argues for departure. The government responds.
For the reasons stated on the record, the objection is overruled.
Defense has no further objections.
AUSA Reichling advises the Government has no objections to the facts
contained in the PSR and no objections to the application of guidelines.
The Court adopts the undisputed facts and guideline applications
contained in PSR. As to any controverted guideline applications, the
Court does adopt the position of the probation officer, as stated in the
addendum and as stated by the Court in its ruling. The Court reviews
the total offense level and criminal history category, and guideline range
sentence. The Court reviews the potential penalties and sentence.
No victims present in court today.
AUSA Reichling outlines facts contained on the government’s 5K1.1
Motion for Variance, requesting two level reduction. Attorney Eiglarsh
argues additional level reduction.
The Court grants the motion for a two-level reduction and reviews the
new total offense level and criminal history category, and guideline
range sentence. The Court reviews the potential penalties and sentence.
Attorney Eiglarsh presents argument as to the imposition of sentence,
requests downward variance.
The Defendant addresses the Court.
AUSA Reichling presents argument as to the imposition of sentence
within guideline range, responding to defendant’s statements. Request
for forfeiture and restitution to be included in judgment.
The Court inquires of the government.
Defense counsel responds.
-2-
Case 2:22-cr-00039-SPC-NPM Document 91 Filed 02/21/23 Page 3 of 4 PageID 888
AUSA Nebesky addresses forfeiture issues.
For the reasons stated on the record, the Court imposes the sentence as
follows:
IMPRISONMENT:
The defendant is hereby sentenced to a term of 87-MONTHS, as to
Counts 2, 8, 14 and 18, all such terms shall run concurrently to each
other.
SUPERVISED RELEASE:
The defendant is sentenced to a term of 3-YEARS, as to Counts 2, 8, 14
and 18, all such terms shall run concurrently to each other.
Special conditions of supervised release:
The Defendant shall continue to participate in substance abuse
treatment program and follow the recommendations
The Defendant prohibited from incurring new credit charges, opening
additional lines of credit, or obligating yourself for any major purchases.
Defendant shall provide the probation officer with all financial
information as requested.
The Defendant shall submit to searches.
Drug testing not to exceed 104 tests per year.
The Defendant shall cooperate in the collection of DNA.
SPECIAL ASSESSMENT of $400.00, due immediately.
Fines waived.
Restitution ordered; AUSA Reichling to provide exact amounts and
parties payable to.
You shall pay the balance in monthly payments of ten percent of your
monthly income. While in Bureau of Prisons custody, you shall either
(1) pay at least $25 quarterly if you have a non-Unicor job or (2) pay at
least 50% of your monthly earnings if you have a Unicor job. Interest
waived.
Forfeiture to be included in judgment, as requested.
-3-
Case 2:22-cr-00039-SPC-NPM Document 91 Filed 02/21/23 Page 4 of 4 PageID 889
The Court accepts the plea of the parties; Counts 1, 3-7, 9-13 and 15-17
are dismissed on motion of the government and as per the parties’
amended plea agreement.
Request for defendant participate in RDAP program while in BOP.
Request for placement in facility close to Fort Myers, Florida.
No objection from either party to the sentence imposed.
Defense request for voluntary surrender date 90 days out. Government
does not object to self-surrender but request no more than 30-days out.
The Court will allow Defendant to self-surrender on Wednesday, April
19, 2023 no later than 2pm, if defendant designated to facility sooner
than that date must report as directed by BOP.
Defendant remains on same conditions as previously directed; report to
USPO to confirm if any other directives.
Defendant is expected to assist in forfeiture issues pending self-
surrender.
End time: 11:55am
Back on record at 1:17 pm
The Court is recalling the case to advise Mr. Tisone of his right to
appeal.
The Court inquires as to pending motions filed by interested parties
related to properties. Attorney Nebesky is working with counsel to
resolve motions.
End time: 1:19pm
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