AKRON -- A U.S. District Judge has set a date for the U.S. Attorneys' hearing to modify former Cuyahoga County Auditor Frank Russo's prison sentence.
Judge Sara Lioi has set 10 a.m. Oct. 25 in Courtroom 530 in the federal courthouse in Akron for the hearing.
On Monday, the U.S. Attorney's office asked Lioi to schedule a hearing to reduce Russo's 21-year, 10-month sentence.
U.S. Attorneys say they will make a specific sentence recommendation at the hearing.
Federal officials have a plea agreement with Russo that he would assist them in their investigations with information and also testify against other defendants as required.
In return, federal officials would not prosecute other Russo family members, except for his son Vince, who had already been indicted when the plea agreement was made.
Federal officials would also ask Lioi to reduce his sentence after his full cooperation.
Frank Russo was to testify against his former deputy auditor Samir Mohammad, whose own trial was to begin Tuesday, but Mohammad pleaded guilty Monday, avoiding a trial.
According to court documents:
- Defendant pleaded guilty to an information on September 16, 2010, and was sentenced to a term of 262 months on December 15, 2010
- The judgment was entered on December 29, 2010, and was amended on January 4, 2010
- At sentencing, the United States indicated that Russo was in the early stages of cooperating in the investigation
- On Dec. 14, 2011, the court was asked to defer ruling on said motion until defendant's cooperation was substantially complete.
Federal officials have now informed the court that defendant's cooperation is substantially complete.