Motion for Continuance of Sentencing Hearing — United States v. Jonathan Ramaci, No. 2:22-cr-00993-RMG (Dkt. 125, D.S.C.)
Summary
Jonathan Ramaci's motion, filed 12/05/24 as Entry Number 125 in United States v. Jonathan Ramaci, Case Number 2:22-cr-00993-RMG, in the U.S. District Court for the District of South Carolina, Charleston Division, asks the court to continue the sentencing hearing set for December 20, 2024 to a date not before February 6, 2025. It recounts that Ramaci was charged on December 7, 2022 with three counts of Wire Fraud under 18 U.S.C. § 1343, that a Superseding Indictment of January 10, 2024 added twenty-one (21) counts, and that on April 25, 2024 Ramaci pled guilty to Count 8 (Wire Fraud) and Count 17 (Filing a False Individual Tax Return). The motion says the defense experts and several character witnesses are unavailable on December 20, 2024 and cites a previously scheduled intake interview on January 6, 2025. Assistant U.S. Attorney Amy Bower does not oppose the request.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
2:22-cr-00993-RMG Date Filed 12/05/24 Entry Number 125 Page 1 of 3
IN THE DISTRICT COURT OF THE UNITED STATES
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
UNITED STATES OF AMERICA, )
) CASE NUMBER: 2:22-cr-00993-RMG
Plaintiff, )
v. ) MOTION FOR CONTINUANCE OF
) SENTENCING HEARING
JONATHAN RAMACI, )
)
Defendant. )
Comes now the Defendant, Jonathan Ramaci who, by and through his undersigned
counsel, respectfully moves the Court to continue the sentencing hearing in this case, which is
currently scheduled to be held on December 20, 2024. The Defendant, through the undersigned
counsel, respectfully requests that the sentencing hearing be continued to an available date and
time not before February 6, 2024. The undersigned counsel have discussed this matter with
Assistant U.S. Attorney Amy Bower, who has represented that she is ready to proceed on
December 20th but does not oppose this request should the Court deem a continuance
appropriate.
BACKGROUND
On December 7, 2022, Defendant was charged in an Indictment (Case No. 2:22-cr-00993,
ECF No. 3) with three counts of Wire Fraud, in violation of 18 U.S.C. § 1343. On January 10,
2024, the Government filed a Superseding Indictment (Case No. 2:22-cr-00993, ECF No. 85),
charging the Defendant with twenty-one (21) additional counts. On April 25, 2024, Defendant
pled guilty to Count 8 (Wire Fraud) and Count 17 (Filing a False Individual Tax Return) of the
Superseding Indictment. Thereafter, on September 13, 2024, the United States Probation Office
provided Defendant with a copy of the initial Presentence Report (“PSR”). After receiving an
1
2:22-cr-00993-RMG Date Filed 12/05/24 Entry Number 125 Page 2 of 3
extension of time, Defendant timely filed objections to the initial PSR on October 30, 2024. On
November 26, 2024, U.S. Probation provided Defendant with a copy of the Revised PSR.
Shortly thereafter, the Court scheduled the sentencing hearing in the above case to be held on
December 20, 2024.
ARGUMENT
Here, there is good cause in support of the instant motion for a continuance. As an initial
matter, a continuance is warranted because Defendant’s experts are not available to testify on
December 20, 2024. Moreover, Defendant has character witnesses, family members and friends
who are also unavailable to testify or be present on the above referenced sentencing date in light
of their holiday and travel plans and/or respective work schedules. Additionally, Defendant has a
previously scheduled intake interview for enrollment in a specialized PTSD treatment program at
the Charleston VA Hospital on January 6, 2025. Notably, if enrolled, Defendant would like the
opportunity to commence his treatment and, also, present confirmation of his enrollment in the
program to the Court prior to sentencing. Furthermore, in light of the above referenced
witnesses’ and the undersigned counsel’s availability and schedules, Defendant would further
request that the sentencing hearing be rescheduled to an available date and time not before
February 6, 2025. Lastly, Defendant would note that this is his first request for a continuance of
the sentencing hearing, that the instant request is not being made for dilatory purposes, and that
Defendant does not anticipate the need for any further continuances. Based on the foregoing
reasons, Defendant respectfully requests that the Court grant the instant motion for a
continuance, in order to afford him a full and fair opportunity to present relevant testimony and
evidence at his sentencing hearing.
2
2:22-cr-00993-RMG Date Filed 12/05/24 Entry Number 125 Page 3 of 3
CONCLUSION
Based upon the foregoing, the Defendant respectfully requests that the sentencing hearing
in this case be continued to an appropriate date and time not before February 6, 2025.
Respectfully submitted,
s /Jerry N. Theos
Jerry N. Theos, Esq. (Fed. I.D. 4055)
E. Gordon Hay, VI, Esq., (Fed.ID 13490)
Theos Law Firm, LLC
11 State Street
Charleston, SC 29401
gordon@theoslaw.com
jerry@theoslaw.com
(843) 577-7046
&
Joseph P. Griffith, Esquire (Fed I.D. 2473)
Joe Griffith Law Firm, LLC
946 Johnnie Dodds Blvd.
Mt. Pleasant, S.C. 29464
843.225.5563 (tel)
joegriffithjr@hotmail.com
ATTORNEYS FOR DEFENDANT
December 5, 2024
Charleston, SC
3
File and source
- File
- gov.uscourts.scd.276291.125.0.pdf
- Size
- 88,914 bytes
- SHA-256
- ca28e2fb74360d31faaa3af1f88a99e9ebf28102cb4707d6af0196d2e3c74290
- Original
- archive.org