United States v. Cisternino (6:21-cr-00016)

ORDER as to Don V. Cisternino: Pursuant to the Due Process Protections Act, the Court confirms the United States' obligation to produce all exculpatory evidence to the defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and its progeny and orders the United States to do so. Failing to do so in a timely manner may result in consequences, including exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, and sanctions. Signed by Judge Timothy J. Corrigan on 12/1/2020. (KNC) (Entered: 02/04/2021)

Minute Entry for In Person proceedings held before Magistrate Judge Leslie Hoffman Price: Initial Appearance as to Don V. Cisternino held on 4/29/2022, ARRAIGNMENT as to Don V. Cisternino (1) Count 1-2, 3-5, 6-8, held on 4/29/2022. Defendant pled not guilty. (DIGITAL) (ECJ) (Entered: 04/29/2022)

ORAL MOTION to Appoint Counsel by Don V. Cisternino. (ECJ) Motion referred to Magistrate Judge Daniel C. Irick. (Entered: 04/29/2022)

ORAL MOTION for Detention by USA as to Don V. Cisternino. (ECJ) (Entered: 04/29/2022)

SCHEDULING ORDER as to Don V. Cisternino. Status Conference set for 5/10/2022 at 09:30 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for 6/6/2022 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Signed by Magistrate Judge Leslie Hoffman Price on 4/29/2022. (ECJ) (Entered: 04/29/2022)

NOTICE OF ATTORNEY APPEARANCE and Substitution of Counsel: Michael Shay Ryan appearing for Don V. Cisternino (Ryan, Michael) Modified on 5/9/2022 (rearranged text) (KNC). (Entered: 05/06/2022)

NOTICE of estimated length of trial by USA. Estimated trial length: Four days. (Bratt, Chauncey) (Entered: 05/09/2022)

NOTICE of possible conflict of interest by USA as to Don V. Cisternino No conflict of interest. (Bratt, Chauncey) (Entered: 05/09/2022)

Minute Entry for In Person proceedings held before Judge Wendy W. Berger: STATUS Conference as to Don V. Cisternino held on 5/10/2022. Court Reporter: Heather Suarez (Interpreter/Language: N/A) (RMF) (Entered: 05/10/2022)

ORAL ORDER granting 21 ORE TENUS MOTION to Continue trial for 60 days and to extend the pretrial motions deadline as to Don V. Cisternino (1). After considering all the factors, including those set forth in 18 U.S.C. § 3161(h)(7)(B), and for the reasons stated on the record, the Court finds that the ends of justice served by granting such a continuance outweigh the best interest of the public and the defendant(s) in a speedy trial. The Court, therefore, determines that the time from today until and including August 31, 2022 shall be "excludable time" pursuant to 18 U.S.C. § 3161(h). The pretrial motions deadline is extended until 6/10/2022. Jury Trial set for trial term commencing 8/1/2022 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Status Conference set for 7/12/2022 at 09:30 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Rendered in open court by Judge Wendy W. Berger on 5/10/2022. (RMF) (Entered: 05/10/2022)

ENDORSED ORDER granting 23 Unopposed MOTION to Continue Motions Deadline for Two Weeks as to Don V. Cisternino (1). The motions deadline is extended to 6/27/2022. Signed by Judge Wendy W. Berger on 6/13/2022. (RMF) (Entered: 06/13/2022)

Minute Entry for In Person proceedings held before Judge Wendy W. Berger: STATUS Conference as to Don V. Cisternino held on 7/6/2022. Court Reporter: Heather Suarez (Interpreter/Language: N/A) (RMF) (Entered: 07/06/2022)

ORAL ORDER granting 27 Motion to Continue as to Don V. Cisternino (1). After considering all the factors, including those set forth in 18 U.S.C. § 3161(h)(7)(B), and for the reasons stated on the record at the status conference, the Court finds that the ends of justice served by granting such a continuance outweigh the best interest of the public and the defendant in a speedy trial. The Court, therefore, determines that the time from today until and including October 31, 2022 shall be "excludable time" pursuant to 18 U.S.C. § 3161(h). Jury Trial set for trial term commencing 10/3/2022 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Status Conference set for 9/13/2022 at 09:30 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Signed by Judge Wendy W. Berger on 7/6/2022. (RMF) (Entered: 07/06/2022)

PLEA AGREEMENT re: count(s) Two, Three, & Eight of the Indictment as to Don V. Cisternino (Bratt, Chauncey) (Entered: 09/12/2022)

NOTICE OF HEARING as to Don V. Cisternino: Change of Plea Hearing set for 9/20/2022 at 09:30 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. (RMF) (Entered: 09/13/2022)

Minute Entry for In Person proceedings held before Judge Wendy W. Berger: Change of Plea Hearing as to Don V. Cisternino held on 9/20/2022. Court Reporter: Heather Suarez (Interpreter/Language: N/A) (RMF) (Entered: 09/20/2022)

MOTION for entry of forfeiture money judgment and preliminary order of forfeiture for directly traceable assets by USA as to Don V. Cisternino. (Andrejko, Nicole) Modified on 11/3/2022 to edit docket text (KNC). (Entered: 11/02/2022)

NOTICE OF RESCHEDULING HEARING: The Sentencing hearing previously scheduled for 1/5/2023 is rescheduled as to Don V. Cisternino. New hearing date and time:Sentencing set for 1/11/2023 at 10:30AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. All motions and/or memorandums the parties would like the Court to consider, shall be filed no later than 1/4/2023. Counsel is to notify the Courtroom Deputy Clerk as soon as possible if they believe the sentencing will be longer than 30 minutes. Defendant's presence required. (RMF) (Entered: 12/29/2022)

SENTENCING MEMORANDUM by USA as to Don V. Cisternino (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Bratt, Chauncey) (Entered: 01/04/2023)

PROOF OF PUBLICATION as to Don V. Cisternino newspaper: an official government internet site, (www.forfeiture.gov) dates of publication: for at least 30 consecutive days, beginning on November 29, 2022 and ending on December 28, 2022. (Attachments: # 1 Attachment 1)(Andrejko, Nicole) (Entered: 01/11/2023)