Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Sadlowski

United States District Court, D. New Mexico

January 28, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ADAM SADLOWSKI, Defendant.

          MEMORANDUM OPINION AND ORDER

         Defendant 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.

         This 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.

         LEGAL STANDARD

         Section 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 in--
(i) reversal,
(ii) an order for a new trial,
(iii) a sentence that does not include a term of imprisonment, or
(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.

         Thus, 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.