Opinion
CRIMINAL ACTION 22-00011
10-18-2023
UNITED STATES OF AMERICA v. DONNA FECONDO
ORDER
MITCHELL S. GOLDBERG, J
AND NOW, this 18th day of October, 2023, upon consideration of the Pre-Sentence Report, Defendant's Opening Sentencing Memorandum (Doc. No. 28), the Government's Opening Sentencing Memorandum (Doc. No. 29), Defendant's Reply Sentencing Memorandum (Doc. No. 30), the testimony and exhibits presented at the August 1, 2023 evidentiary hearing, Defendant's Supplemental Sentencing Memorandum (Doc. No. 42) and the Government's Supplemental Sentencing Memorandum (Doc. No. 43), it is hereby ORDERED that:
1. The relevant tax loss for purposes of sentencing is $5,077,853, as explained in the accompanying Memorandum Opinion;
2. By no later than November 3, 2023, the Probation Officer shall provide an updated Pre-Sentence Report reflecting the above tax loss;
3. By no later than November 8, 2023, the parties shall file sentencing memoranda setting forth any additional objections to the Pre-Sentence Report or factors for consideration at sentencing.
4. As set forth in in the September 18, 2023 Notice of Hearing (Doc. No. 44), the final sentencing hearing in this matter shall continue on November 15, 2023 at 10:00 a.m. in Courtroom 17A.