Case 8:12-cr-00343-VMC-AEP Document 78 Filed 05/10/13 Page 1 of 4 PageID 1805

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

UNITED STATES OF AMERICA v. JOHN D. STANTON, III CASE NO. 8:12-Cr-343-T-33AEP

UNITED STATES SECOND MOTION TO CONTINUE SENTENCING HEARING The United States of America, by the undersigned, files its motion to reschedule the sentencing hearing in the above captioned case and in support alleges the following: 1. December 17, 2012, Defendant Stanton was found guilty by a jury

of Attempted Interference with the Administration of Internal Revenue Laws and seven counts of Willful Failure to File Federal Tax Returns. Doc. 55. 2. The sentencing hearing, initially scheduled for March 7, 2013, was

rescheduled to March 14, 2013 (Doc. 62). The Court thereafter granted Defendant Stantons unopposed motion to continue the sentencing hearing (Doc. 72) to allow Defendant Stanton to undergo a mental health evaluation to be conducted by a defense psychiatrist. The sentencing hearing was scheduled for April 25, 2013 at 3:00 p.m. (Doc. 74). 3. The government thereafter requested that the sentencing be

continued, since it appeared that the defense mental health examination and report would not be completed in time to give the United States sufficient time to

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prepare for the April 25, 2013 sentencing hearing (Doc. 75). This Court granted the governments request (Doc. 76) and rescheduled the sentencing hearing for June 6, 2013, at 2:00 p.m. (Doc. 77). 4. It is the governments understanding that the mental health

evaluation was conducted sometime during the week of April 22, 2013. As of this date the government has not received a report of examination or notice as to whether the defense will rely on the evaluation in mitigation of sentence. 5. If the defense intends to rely, in mitigation of sentence, on

evidence emerging from the mental health evaluation that was conducted, then the United States will request notice of the specific evidence on which such argument will be based, in advance of the sentencing hearing, in order to determine the analysis and opinion that the government must seek to address the defenses position. Defense counsel has agreed to provide the undersigned with relevant portions of the mental health examination report to be prepared of the examination that was conducted. 6. The sentencing hearing is scheduled to occur nineteen business

days from now. To date the United States has not received any information relevant to a determination of any mental health issue. The undersigned is concerned that there will be insufficient time between now and June 6, 2013 to allow the government to fairly review the mental health examination materials to be (but not yet) provided by the defense to the United States, to determine the specific nature of any expert evaluation and opinion required by the government

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to address the issues raised by the defense, to engage an expert witness, and to afford such expert sufficient time to conclude his or her evaluation. 8. In light of the foregoing, the United States has sought and received

defense counsels concurrence in our request to continue the sentencing hearing for an additional four weeks. Defense counsel has stated that he objects to a longer continuance, in light of other work conflicts. WHEREFORE, the United States respectfully requests that the Court continue the sentencing hearing a minimum of four weeks, to afford the United States time to adequately prepare to meet issues likely to be raised by the defense in mitigation of sentence, based on the mental health evaluation conducted. Respectfully submitted, ROBERT E. O'NEILL United States Attorney By: s/ Robert T. Monk ROBERT T. MONK Assistant United States Attorney United States Attorney No. 026 400 N. Tampa Street, Suite 3200 Tampa, Florida 33602 Telephone: 813/274-6000 Facsimile: 813/274-6103 E-mail: robert.monk@usdoj.gov

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U.S. v. JOHN D. STANTON, III

Case No. 8:12-Cr-343-T-33AEP

CERTIFICATE OF SERVICE I hereby certify that on May 10, 2013, 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: Paul DeCailly, Esquire

s/ Robert T. Monk ROBERT T. MONK Assistant United States Attorney United States Attorney No. 026 400 N. Tampa Street, Suite 3200 Tampa, Florida 33602 Telephone: 813/274-6000 Facsimile: 813/274-6103 E-mail: robert.monk@usdoj.gov

L:\_Criminal Cases\S\stanton, john_2009R03065_rtm\p_USA second motion to continue sentencing.wpd