United States District Court, M.D. Florida, Fort Myers Division
OPINION AND ORDER
E. STEELE SENIOR UNITED STATES DISTRICT JUDGE.
matter comes before the Court on defendant's Motion For
Release Pending Appeal (Doc. #83) filed on March 23, 2018.
The United States' Response (Doc. #93) was filed on April
5, 2018, and, with the permission of the Court,
Defendant's Reply (Doc. #95) was filed on April 20, 2018.
For the reasons set forth below, the motion is denied.
December 16, 2016, defendant was released on an unsecured
$25, 000 bond. (Doc. #7.) After a bench trial on stipulated
facts, defendant was convicted of possession of child
pornography in violation of 18 U.S.C. § 2252(a)(4)(B).
On March 26, 2018, defendant was sentenced to thirty-six
months imprisonment, followed by a term of supervised
release. (Doc. #88.) Defendant was continued on release, but
ordered to self-surrender to the designated facility on or
before May 18, 2018, at noon. (Doc. #86.) Defendant seeks to
remain on release while he takes a direct appeal of his
conviction and sentence.
statute governing release or detention pending an appeal by a
defendant provides as follows:
(b)(1) Except as provided in paragraph (2), the judicial
officer shall order that a person who has been found guilty
of an offense and sentenced to a term of imprisonment, and
who has filed an appeal or a petition for a writ of
certiorari, be detained, unless the judicial officer finds--
(A) by clear and convincing evidence that the person is not
likely to flee or pose a danger to the safety of any other
person or the community if released under section 3142(b) or
(c) of this title; and
(B) that the appeal is not for the purpose of delay and
raises a substantial question of law or fact likely to result
(ii) an order for a new trial,
(iii) a sentence that does not include a term of
(iv) a reduced sentence to a term of imprisonment less than
the total of the time already served plus the expected
duration of the appeal process.
If the judicial officer makes such findings, such judicial
officer shall order the release of the person in accordance
with section 3142(b) or (c) of this title, except that in the
circumstance described in subparagraph (B)(iv) of this
paragraph, the judicial officer shall order the detention
terminated at the expiration of the likely reduced sentence.
(2) The judicial officer shall order that a person who has
been found guilty of an offense in a case described in
subparagraph (A), (B), or (C) of subsection (f)(1) of section
3142 and sentenced to a term of imprisonment, and who has
filed an ...