govinfo:USCOURTS-caed-2_06-cr-00434-6

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DANIEL J. BRODERICK, #89424
Federal Defender
TIMOTHY ZINDEL, Bar #158377
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorney for Defendant
JOSEPH SCANIO
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JOSEPH SCANIO,
Defendant.
_______________________________
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No. 2:06-CR-0434 FCD
MOTION TO CONTINUE DISPOSITIONAL
HEARING; ORDER
Date: September 12, 2011
Time: 10:00 a.m.
Judge: Hon. Frank C. Damrell, Jr.
Mr. Scanio moves the Court for an order continuing the dispositional
hearing to a date no earlier than mid-November, 2011, for the following
reasons. Counsel has been unable to ascertain the government’s position
on this request because government counsel has not responded to messages
sent yesterday by email and voice-mail.
(1) On Tuesday, defense counsel received probation’s dispositional
memorandum. The memorandum contains numerous false or misleading factual
assertions - too many to adequately address in the time remaining between
today and Monday. It also omits information defense counsel wished to

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have included in the report because the probation officer, after agreeing
to meet with defense counsel before writing her memorandum, canceled the
scheduled meeting without explanation. Consequently, the memorandum
requires defense counsel to file his own formal objections and
dispositional memorandum. The objections may necessitate a further
evidentiary hearing. Also, defense counsel has yet to have an adequate
opportunity to review the memorandum with Mr. Scanio, who received it in
the mail yesterday.
Defense counsel cannot prepare objections, write a dispositional
memorandum, or perform other necessary tasks in the case until late
October because counsel begins scheduled family medical leave on
September 13 and will not return to work until October 17. See Decl. Of
Counsel (filed under seal). Counsel regrets that his absence may require
reassignment of the case to a different judge, but the evidentiary
hearing has been transcribed by the court reporter.
(2) Mr. Scanio and his wife are presently occupied full-time trying
to regain custody of their daughter who was taken from them one day after
the evidentiary hearing based on misleading reports about the hearing
delivered (at least in part) by Michelle or Eric Toner - the Toners are
the persons who prompted their child to make a false allegation against
Mr. Scanio (dismissed charge 7) in an effort to strike at Mr. Scanio’s
wife, Jennifer. Lawyers have been appointed to represent all three
Scanios and defense counsel has spent much of the past week consulting
with those lawyers so that the child may be returned before she suffers
psychological harm in foster care.
(3) Defense counsel intends to bring a motion to dismiss charge 9
of the second superseding petition (alleging violation of a local Lake
Tahoe ordinance and added a few days before the hearing) on
Motion to continue
dispositional hearing -2-

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constitutional grounds and because the charge relates to conduct that was
both permissible under this Court’s conditions of release and had been
repeatedly sanctioned by Mr. Scanio’s probation officer. Time is needed
to research and write the motion and to afford the government an adequate
opportunity to respond.
Accordingly, defense counsel asks the Court to continue sentencing
to a date in mid-November. A proposed order is attached for the Court’s
convenience.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
Dated: September 8, 2011 /s/ T. Zindel 
TIMOTHY ZINDEL
Assistant Federal Defender
Attorney for JOSEPH SCANIO
Motion to continue
dispositional hearing -3-

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O R D E R
Defendant’s motion to continue the dispositional hearing is granted. 
The dispositional hearing will be rescheduled by minute order for a date
in mid-November and the Clerk of the Court is directed to notify the
parties and the probation officer of the new date.
IT IS SO ORDERED.
Dated: September 8, 2011 _________________________________
HON. FRANK C. DAMRELL, JR.
United States District Judge 
Motion to continue
dispositional hearing -4-

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