United States District Court, D. Hawaii
ORDER DENYING DEFENDANT'S MOTION FOR BOND PENDING
SENTENCING AND BOND PENDING APPEAL (ECF NO. 206)
GILLMOR UNITED STATES DISTRICT JUDGE
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. §
(First Superseding Indictment, ECF No. 17).
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).
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).
December 28, 2018, Defendant filed DEFENDANT SHEILA
HARRIS' MOTION FOR BOND PENDING SENTENCING AND BOND
PENDING APPEAL. (ECF No. 206).
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).
January 8, 2019, the Court held a hearing on Defendant's
Motion following sentencing.
Order sets forth the written basis for the oral rulings
rendered at the Hearing on January 8, 2019.
December 28, 2018 Motion requested that she be released on
bond both pending sentencing and on appeal.
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
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.
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