The Mark Scott sentencing circus continues, with Scott now asking his OneCoin fraud sentencing be postponed indefinitely.
On August twenty fourth Scott (proper) filed a letter with the court docket, requesting that ‘sentencing be adjourned with out a date’.
The acknowledged purpose for the indefinite postponement is decision of Scott’s Supplemental Rule 33 Movement and “adjustments within the scheduling of a medical process because of the COVID-19 state of affairs in Florida”.
Scott’s newest ploy to delay listening to is a Supplemental Rule 33 Movement, filed on August twenty third.
A Supplemental Rule 33 Movement pertains to a defendant demanding a brand new trial.
To that finish Scott seems to have a problem with proof offered towards him, as he reveals he’s additionally requested an evidentiary listening to within the movement.
I’d love to provide you specifics however Scott has filed his Supplemental Rule 33 Movement below seal.
Scott final requested his sentencing be delayed in late Might. On the time the DOJ consented to the delay however acknowledged any additional delay requests could be opposed.
On August twenty fifth the DOJ filed a letter opposing Scott’s request.
Though the Authorities would consent to a last adjournment for a interval of 4 weeks, Scott’s request for an indefinite adjournment of sentencing is unwarranted and needs to be denied.
The DOJ goes on to state they’re
investigating the allegations raised within the supplemental movement and can reply to the claims raised by the movement.
The DOJ argues that prevailing authorized precedent doesn’t warrant indefinite suspension of scheduling.
With respect to Scott’s medical points, the DOJ writes;
With respect to the defendant’s medical circumstances and associated procedures, additionally they don’t signify a foundation for an extra adjournment of sentencing.
To the extent that the defendant, who’s totally vaccinated towards COVID-19, can’t be handled for his medical circumstances throughout the Bureau of Prisons, the suitable treatment is to not adjourn sentencing for a tenth time, however quite, upon receipt of ample documentation of his situation(s), the precise timing of any mandatory medical process(s), and a transparent exhibiting that the BOP can’t adequately conduct the remedy, to adjourn the defendant’s give up date to the BOP for an acceptable time period to accommodate any such process(s).
In a nutshell, Scott needs to be sentenced after which, provided that remedy is unavailable throughout the BOP, ought to Scott not be required to current himself to serve time.
Scott was initially scheduled to be sentenced in February 2020.
After he was convicted Scott was taken into custody, the place he rapidly discovered himself affected by “a number of severe medical circumstances”.
Scott was promptly launched from custody, and has been delaying sentencing on the premise of ongoing remedy ever since.
What precisely Scott’s medical circumstances are has not been disclosed.
A call on Scott’s letter request and the DOJ opposition stays pending.
Replace twenty seventh August 2021 – Mark Scott’s sentencing has been rescheduled for November ninth.