Sentencing Hearing Transcript — United States v. Daniel Joseph Tisone

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Case 2:22-cr-00039-SPC-NPM Document 108 Filed 04/18/23 Page 1of5 PagelD 1045

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v. CASE NO. 2:22-cr-39-SPC-NPM —
DANIEL JOSEPH TISONE

UNITED STATES’ RESPONSE IN OPPOSITION TO
DEFENDANT’S EMERGENCY MOTION TO EXTEND TIME
TO REPORT TO FEDERAL PRISON FOR MEDICAL REASONS
On the eve of his surrender to the Bureau of Prisons to serve an 87-
month sentence, the defendant Daniel Tisone (Tisone) requests a 30-day delay
of his surrender for previously undisclosed medical reasons. The United States
opposes Tisone’s request for delay. Until now, the day before his surrender,
Tisone had not alerted or made mention to the Court, government, or United
States Probation of the medical history he claims in his motion. The
government questions the legitimacy and necessity of Tisone’s request and,

therefore, respectfully requests that Tisone’s emergency motion be denied.

BACKGROUND

On August 26, 2022, Tisone pleaded guilty to committing Wire Fraud

(18 U.S.C. § 1343), Bank Fraud (18 U.S.C. § 1344), Illegal Monetary

' Tisone’s emergency motion is believed to have been filed under seal and the
government does not have a docket number to reference at this time.

QSAIS93Y
Case 2:22-cr-00039-SPC-NPM Document 108 Filed 04/18/23 Page 2 of 5 PagelD 1046

Transactions (18 U.S.C. § 1957), and Possessing Ammunition as a Convicted
Felon (18 U.S.C. § 922(g)(1)). Docs. 54 and 55. The crimes, related to
Paycheck Protection Program (PPP), Economic Injury Disaster Loan (EIDL),
and Main Street Lending Program (MSLP) fraud committed by Tisone. Doc.
19. Tisone, who was and is a felon, was also found in possession of hundreds
of rounds of ammunition. Docs. 19 and 55. On February 13, 2023, the United
States Probation Office (USPO) filed Tisone’s final Presentence Investigation
Report (PSR), which calculated his sentencing guidelines range as 108 to 135
months of imprisonment. PSR 7 184.

Before Tisone’s sentencing, the government filed a motion for
downward departure, which requested a two-level reduction of Tisone’s
offense level because of his cooperation. (Doc. 88). At Tisone’s sentencing on
February 21, 2023, the Court granted the government’s motion and sentenced
Tisone to 87 months of imprisonment. Docs. 91 and 93. After considering
Tisone’s request for a voluntary surrender date 90 days out, the Court allowed
Tisone to self-surrender on April 19, 2023, no later than 2pm. Following
Tisone’s sentence, he was designed by the Bureau of Prisons (BOP) to FPC

Pensacola.
Case 2:22-cr-00039-SPC-NPM Document108_ Filed 04/18/23 Page 3 of 5 PagelD 1047

ARGUMENT

Tisone now seeks a 30-day extension of his prison report date so that he
can obtain lab work and a medical scan. The request comes after Tisone visited
his doctor this morning (April 18, 2023), the day before he is required to
surrender to BOP in Pensacola, FL. The government considers the timing of
Tisone’s request and claimed medical condition to be suspect.

Until today, Tisone has not made the government, the Court, or USPO
aware of any history of the medical issue to which he now claims took place
and believes it may relate to. In fact, Tisone’s PSR makes no mention of the
medical procedure he claims to have had two years ago in his motion. See PSR
at {f 123-132. The nature of the procedure described by Tisone now is
something the government would think Tisone would disclose in his PSR.
Moreover, Tisone has not submitted any medical records to the Court or the
government under seal that show the procedure was performed.

The medical documentation Tisone provides in support of his request
only stands for a doctor’s referral to have lab work and a CT scan performed,
in light of his complaint, after his visit this morning. Nowhere in the records
does the doctor indicate the situation is dire, or that Tisone is suffering from a
serious medical episode or emergency. Lab work and a CT scan are a reaction

to Tisone’s sudden complaint, not the result of any actual diagnosis. Moreover,
Case 2:22-cr-00039-SPC-NPM Document 108 Filed 04/18/23 Page 4 of 5 PagelD 1048

Tisone has not visited an emergency room or sought emergency medical care
for his claimed serious medical issue. It is clear that BOP is equipped to
evaluate Tisone’s medical issues and order diagnostic evaluation and treatment
as necessary, after he reports on April 19". In light of the lack of an objective
basis to rely upon Tisone’s last-minute medical claim and BOP’s ability to care
for Tisone, his report date should remain the same.
CONCLUSION
The United States respectfully requests that the Court deny Tisone’s
emergency motion to extend time to report to federal prison.
Respectfully submitted,

ROGER B. HANDBERG
United States Attorney

By: _/s/Trent Reichling
Trenton J. Reichling

Assistant United States Attorney
Florida Bar No. 0084601

2110 First Street, Suite 3-137

Ft. Myers, Florida 33901
Telephone: (239) 461-2200
Facsimile: (239) 461-2219

E-mail: Trenton. Reichling@usdoj.gov
Case 2:22-cr-00039-SPC-NPM Document 108 Filed 04/18/23 Page 5 of 5 PagelD 1049

U.S. v. Daniel Joseph Tisone Case No. 2:22-cr-39-SPC-NPM
CERTIFICATE OF SERVICE
I hereby certify that on April 18, 2023, I electronically filed the
foregoing with the Clerk of the Court by using the CM/ECF system which
will send a notice of electronic filing to the following:
Jervis Wise

jervis@aquitter.org

/s/ Trent Reichling
Trenton J. Reichling

Assistant United States Attorney

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