United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER
pled guilty to being a felon in possession of firearms and
ammunition in violation of 18 U.S.C. §§ 922(g)(1)
and 924(a)(2). On November 27, 2018, the undersigned United
States District Judge sentenced Defendant to a term of
imprisonment of 51 months with a three-year term of
supervised release and a fine of $5, 000. The Court permitted
Defendant to surrender voluntarily to the Bureau of Prisons.
In the meantime, Defendant has filed a notice of appeal of
the denial of his motion to suppress.
matter is currently before the Court on Defendant Adam
Sadlowski's Motion for Release Pending Appeal [Doc.
130]. In addition to the motion itself, the Court has
reviewed the Government's response [Doc. 131], the
letters on the docket that have been filed in support of the
Defendant, the Presentence Investigation Report and all of
its addenda, and the plea agreement. The Defendant has not
filed a reply. After reviewing the foregoing, the Court
concludes that Defendant has not met his burden to show by
clear and convincing evidence that he does not pose a danger
to the community and therefore his motion should be denied.
3143(b) of Title 18 of the United States Code addresses
whether a defendant who has been convicted should be released
or detained pending an appeal by the defendant. It provides:
(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.
under this statute a defendant who has been convicted and
sentenced must be detained pending appeal unless he shows by
clear or convincing evidence that he is not likely to flee or
pose a danger to the community, and if he shows both that his
appeal is not for the purpose of delay and ...