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United States v. Harris

United States District Court, D. Hawaii

January 11, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
SHEILA HARRIS, Defendant.

          ORDER DENYING DEFENDANT'S MOTION FOR BOND PENDING SENTENCING AND BOND PENDING APPEAL (ECF NO. 206)

          HELEN GILLMOR UNITED STATES DISTRICT JUDGE

         On May 24, 2017, the grand jury returned the First Superseding Indictment, charging Defendant Sheila Harris as follows:

Counts 1-11 for Wire Fraud in violation of 18 U.S.C. § 1343;
Counts 12-13 for Aggravated Identity Theft in violation of 18 U.S.C. § 1028A(a)(1); and
Counts 14-17 for False Statements Relating To Health Care Matters in violation of 18 U.S.C. § 1035(a)(2).
(First Superseding Indictment, ECF No. 17).

         On May 10, 2018, following a ten-day trial, the jury found Defendant Sheila Harris guilty on all Counts, 1 through 17, of the First Superseding Indictment. (Verdict Form, ECF No. 152).

         On the same date, Defendant was remanded to the custody of the U.S. Marshal Service, having been found guilty of all 17 counts. (ECF No. 151).

         On December 28, 2018, Defendant filed DEFENDANT SHEILA HARRIS' MOTION FOR BOND PENDING SENTENCING AND BOND PENDING APPEAL. (ECF No. 206).

         On January 4, 2019, the Government filed the GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION FOR BOND PENDING SENTENCING OR BOND PENDING APPEAL. (ECF No. 211).

         On January 8, 2019, the Court held a hearing on Defendant's Motion following sentencing.

         This Order sets forth the written basis for the oral rulings rendered at the Hearing on January 8, 2019.

         STANDARD OF REVIEW

         Defendant's December 28, 2018 Motion requested that she be released on bond both pending sentencing and on appeal.

         Defendant's Motion, filed ten days before sentencing over the New Year's holiday, did not provide sufficient time to allow adjudication of her request for release pending sentencing pursuant to 18 U.S.C. § 3143(a). Defendant acknowledged at the sentencing hearing that her request for release pending sentencing was moot and withdrew her request on that basis.

         Defendant continued to seek release on bond pending appeal. 18 U.S.C. § 3143(b) sets forward the standard for the detention of a defendant pending appeal.

         Section 3143(b) provides, in pertinent part:

(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 ...

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