Court filing — No. 1:22-cr-00146 (Dkt. 93, D. Md.)
Full text
Case 1:22-cr-00146-JKB Document 93 Filed 10/31/23 Page 1 of 2
G r e gg L . B er ns t e i n
PARTNER
Z uc k er m a n S p ae d er L L P
gb er ns t e i n@z uc k er ma n.c o m
41 0 .9 4 9. 11 5 2
October 31, 2023
VIA ECF
Honorable James K. Bredar
Chief District Judge
United States Courthouse
101 West Lombard Street
Baltimore MD 21201
Re: United States v. Ron Elfenbein
Criminal No. JKB-22-0146
Dear Chief Judge Bredar:
The above matter is scheduled for sentencing before Your Honor on December 14,
beginning at 10:00 a.m. Pursuant to Local Rule 105.6, the purpose of this letter is to respectfully
request oral argument on Defendant’s Motion for Judgment of Acquittal or, in the alternative, for
a New Trial on an earlier date convenient with the Court’s and the parties’ schedules.
We are pleased to report that the parties have reached agreement on a number of guideline
issues that we hope will streamline the sentencing proceeding in the event the defendant’s motion
is denied; however, we anticipate a lengthy sentencing hearing to consider other Guideline issues
and information that will be presented to assist the Court in arriving at an appropriate sentence that
considers all of the Section 3553 factors.
As the Court is aware, the defendant has submitted a detailed, substantive motion for
judgment of acquittal or, in the alternative, for a new trial. Given the significant issues raised in
the motion, as well as the issues for consideration at sentencing, we believe it would make more
sense to conduct these two proceedings separately to allow the parties a full opportunity to present
their respective positions. We acknowledge the Court’s busy calendar, but we hope that the Court
agrees with this suggested approach, and if so, can schedule a hearing.
100 E. PRATT ST., SUITE 2440, BALTIMORE, MD 21202-1031 | T 410.332.0444 | F 410.659.0436
ZUCKERMAN SPAEDER LLP | WASHINGTON, DC | NEW YORK | TAMPA | BALTIMORE
8521532.6
Case 1:22-cr-00146-JKB Document 93 Filed 10/31/23 Page 2 of 2
HONORABLE JAMES K. BREDAR
OCTOBER 31, 2023
PAGE 2
Thank you for your consideration.
Respectfully submitted,
/s/ Gregg L. Bernstein
Gregg L. Bernstein
cc (via ECF): Matthew P. Phelps, AUSA
D. Keith Clouser, Trial Attorney
8521532.6