Memorandum to the Honorable Kiyo A. Matsumoto, Request for Adjournment of Sentence — Kevin Jay Lipsitz, Docket No. 1:20-CR-00394-KAM (Dkt. 31, E.D.N.Y.)
Summary
A U.S. Probation memorandum dated December 9, 2021 asks Judge Kiyo A. Matsumoto to adjourn the January 31, 2022 sentencing of Kevin Jay Lipsitz, Docket No. 1:20-CR-00394-KAM, who pleaded guilty to wire fraud on October 7, 2021. It explains that the Court's plea slip was never received, that the presentence investigation was assigned on November 10, 2021, and that Lipsitz was interviewed on December 9, 2021, the date defense counsel chose. Because of the delay, Probation asked for a new sentence date after March 3, 2022 so it could finish the presentence report and the parties could review it. On the memorandum's order form, the "Request granted" line sets a new sentence date of April 5, 2022 at 11:00am, marked So Ordered by Judge Matsumoto on 12.14.21. U.S. Probation Officer Jameka Bing prepared the request.
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Full text
December 9, 2021
MEMORANDUM TO
The Honorable Kiyo A. Matsumoto
United States District Judge
Defendant: Kevin Jay Lipsitz
Docket No.: 1:20-CR-00394-KAM
Sentence Date: January 31, 2022
REQUEST FOR ADJOURNMENT OF SENTENCE
Reference is made to the above-noted defendant who pled guilty before Your Honor on October
7, 2021, to Wire Fraud. At that time, the Court ordered a presentence investigation to be conducted,
and had a set sentence date of January 31, 2022. Subsequent to the defendant’s guilty plea, the plea
slip was never received from the Court. On November 10, 2021, the investigation was assigned to
the undersigned officer.
On November 17, 2021, the Probation Officer contacted Defense Counsel and provided possible
dates and times to schedule the presentence interview. Defense Counsel advised that Thursday,
December 9, 2021 worked best for the defendant and himself. Although the defendant was
successfully interviewed on December 9, 2021, this situation has caused a delay in the presentence
investigation, and at this juncture, we respectfully request that a new sentence dates be set for after
March 3, 2022. This will provide the Probation Department with sufficient time to complete the
presentence report, and provide the parties with time to review the report prior to sentencing. The
Probation Department apologizes for any inconvenience that this delay may cause for the Court.
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____ Request granted. New sentence date is April 5, 2022 at 11:00am
__________.
____ Request denied.
Comments: ______________________________________________________________
So Ordered:
Kiyo A. Matsumoto, USDJ
______________
12.14.21
The Honorable Kiyo A. Matsumoto Date
United States District Judge
Respectfully submitted:
Robert L. Capers
Chief U.S. Probation Officer
Prepared By:
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Jameka Bing
U.S. Probation Officer
347-534-3690
Approved By:
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Patricia A. Sullivan
Supervisory U.S. Probation Officer
347-534-3742
Date: December 9, 2021
cc: Andrew Wang (AUSA)
Joseph Matthew Caldarera (Defense Counsel)
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