United States District Court, E.D. Michigan, Southern Division
ORDER DENYING MOTION FOR BOND PENDING APPEAL AND DENYING MOTION TO EXTEND REPORT DATE
DENISE PAGE HOOD, District Judge.
This matter is before the Court on Defendant Durand Sinclair's Motion for Bond Pending Appeal. This motion was originally filed before the Judgment was entered in this case. The Judgment was entered on December 9, 2014. (Doc. No. 49) Sinclair filed a Notice of Appeal on December 9, 2014. (Doc. No. 48) The parties agreed that the Motion for Bond Pending Appeal and the Government's response thereto (Doc. No. 44) could be resubmitted after the Judgment was entered. (Stip. and Order, Doc. No. 51, 1/8/15)
On October 17, 2013, a Complaint was filed against Defendant Durand Sinclair charging him one count of Felon in Possession of a Firearm, in violation of 18 U.S.C. §§ 922(g)(1). On November 12, 2013, the grand jury returned a one-count indictment charging Defendant with Felon in Possession of a Firearm. Defendant was detained pending trial until the Court granted his Emergency Motion for Revocation of Detention Order on May 23, 2014 to attend the birth of his child. At his plea hearing, the Court allowed Defendant to continue on bond pending sentencing.
Defendant participated in the location monitoring program and is detained at his home except for employment, religious services, court appearances, visiting his grandmother, etc. (Doc. No. 34) Defendant entered into a Rule 11 Plea Agreement with the Government for a plea of guilty to being a Felon in Possession of a Firearm, with a guideline range of 57-71 months. (Doc. No. 36) The Rule 11 Plea Agreement allowed Defendant to appeal the Court's Order Denying Defendant's Motion to Suppress. (Doc. No. 36) Defendant was sentenced to a term of 50 months of imprisonment, followed by 2 years of supervised release. (Judg., Doc. No. 49)
A. Bond Pending Appeal
18 U.S.C. 3143(b) governs the release or detention pending an appeal by a defendant:
(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-
(ii) an order for a new trial,
(iii) a sentence that does not include a term of ...