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Letter to Judge Matsumoto Re: United States v. Kevin Jay Lipsitz, Criminal Docket No. 20-394 (KAM) (RER) (Dkt. 39, E.D.N.Y.)

Summary

A letter dated April 29, 2022 from the U.S. Attorney's Office for the Eastern District of New York, signed by Assistant U.S. Attorney Andrew Wang for U.S. Attorney Breon Peace, to Judge Kiyo A. Matsumoto in United States v. Kevin Jay Lipsitz, Criminal Docket No. 20-394 (KAM) (RER), filed as Document 39. It states that sentencing is scheduled for May 5, 2022 at 11:00 a.m. and that the defendant has requested an evidentiary hearing under U.S.S.G. § 6A1.3(b) and United States v. Fatico, 579 F.2d 707 (2d Cir. 1978), on contested facts in the pre-sentence investigation report. With the consent of the defendant, the government asks the court to adjourn sentencing and schedule a Fatico hearing in June or July, its first request to adjourn the sentencing date. A footnote asks that no hearing be scheduled on May 31, June 3-24, or July 18.

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Full text

 Case 1:20-cr-00394-KAM Document 39 Filed 04/29/22 Page 1 of 1 PageID #: 223

                                                           U.S. Department of Justice


                                                           United States Attorney
                                                           Eastern District of New York
DCP:ADW                                                    271 Cadman Plaza East
F. #2020R00345                                             Brooklyn, New York 11201



                                                           April 29, 2022

By ECF

The Honorable Kiyo A. Matsumoto
United States District Judge
Eastern District of New York
225 Cadman Plaza East
Brooklyn, NY 11201

                Re:      United States v. Kevin Jay Lipsitz
                         Criminal Docket No. 20-394 (KAM) (RER)

Dear Judge Matsumoto:

                 Sentencing in the above-captioned matter is scheduled for May 5, 2022 at 11:00 a.m.
Pursuant to U.S.S.G. § 6A1.3(b) and United States v. Fatico, 579 F.2d 707 (2d Cir. 1978), the defendant
has requested an evidentiary hearing to resolve contested issues of material fact with respect to the pre-
sentence investigation report. With the consent of the defendant, the government respectfully requests that
the Court adjourn sentencing and schedule a Fatico hearing in June or July so that the parties have sufficient
time to prepare for the hearing.1 This is the government’s first request for an adjournment of the sentencing
date. The undersigned counsel apologizes for not submitting this request earlier and appreciates the Court’s
consideration of this request.



                                                           Respectfully submitted,
                                                           BREON PEACE
                                                           United States Attorney

                                                  By:        /s/ Andrew Wang
                                                           Andrew Wang
                                                           Assistant U.S. Attorney
                                                           (718) 254-6311


cc:      Clerk of Court (KAM) (ECF)
         Defense counsel (by email)



         1
          Based on pre-scheduled trials for both government and defense counsel, as well as the availability
of individuals that the government expects may be called as witnesses during the hearing, the government
respectfully requests that a hearing not be scheduled on May 31, June 3-24, or July 18.

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