United States District Court, E.D. Michigan, Southern Division
ORDER DENYING DEFENDANT'S MOTION TO DISMISS
J. TARNOW, SENIOR UNITED STATES DISTRICT JUDGE
20, 2013, a jury convicted Defendant Sanyani Edwards of
Health Care Fraud Conspiracy (Count 1), Conspiracy to
Distribute Controlled Substances (Count 11), and Conspiracy
to Pay/Receive Healthcare Kickbacks (Count 21). United
States of America v. Patel, et al., No. 11-20468-23,
(E.D. Mich. 2013). Defendant was scheduled to appear for
sentencing on December 6, 2013. Defendant failed to appear
for sentencing and the Court issued an arrest warrant on
December 9, 2013. Id. at [Dkt. #1065].
was arrested on November 3, 2015. The arrest warrant was
returned on November 9, 2015. Id. at [Dkt. #1497].
Defendant was detained prior to sentencing.
March 4, 2016, the Court held a Sentencing Hearing. At the
Sentencing Hearing, the following testimony was given:
MR. NEAL: Mr. Edwards did another
obstructive act which was to flee in advance of his
sentencing. In fact, he cut the tether off of his leg the day
of sentencing and fled without any warning to his counsel or
to the courts.
THE COURT: Isn't that a felony?
MR. NEAL: It is, your Honor.
THE COURT: You can charge him?
MR. NEAL: This is true, your Honor.
THE COURT: It would be automatic time
MR. NEAL: This is absolutely true. I would
just note that the guidelines do have a provision under
Section 3C1.1 concerning obstructive conduct where they note
that as an example of obstructive conduct the guidelines note
that escaping or attempting to escape before custody or from
custody before trial or sentencing or willfully failing to
appear as ordered for a judicial proceeding. The Government
would simply submit Mr. Edwards did that here and I think the
Court, in the interest of judicial economy, should --
THE COURT: Don't -- please don't
make that argument. We are talking about a man's life and
it may only be one month or one year and so on and I'm
supposed to save the court's time by sending him to
prison for a longer period of time without making you
convince the jury beyond a reasonable doubt? That's --
MR. NEAL: Judge, the Court can make the
finding by a preponderance of the evidence. The facts are
fairly clear. He did not show up for sentencing. He was not
present. He was on the lam for two years living under an
THE COURT: I hope he enjoyed it because he
is not going to be --you are not going to get your wish
getting probation or time served, Mr. Edwards. If they want
to enhance your sentence for your escaping or fleeing,
Congress has set a law that makes it a ...