Opinion
Case No. 3:09cr109
04-10-2013
UNITED STATES OF AMERICA, Plaintiff, v. PIERRE O. COLQUITT, Defendant.
JUDGE WALTER H. RICE
DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION FOR
RELEASE ON BOND PENDING SENTENCING (DOC. #81), PURSUANT TO
18 U.S.C. § 3143(a); REASONING SET FORTH
The Defendant's motion, seeking an order of the Court releasing him on bond (Doc. #81), pursuant to 18 U.S.C. § 3143(a), pending his upcoming sentencing, is overruled. In ruling as aforesaid, this Court makes the following, non-exclusive, observations:
1. The Defendant, in this Court's opinion, having been convicted by the Court of numerous offenses, one of which carries a ten year minimum mandatory sentence and another carrying a minimum mandatory sentence of five years, each of which must be imposed consecutively to each other, for a total of fifteen years, has totally failed to rebut any presumption that there exists, thus allowing the Court to find by clear and convincing evidence, a condition or combination of conditions sufficient to guarantee his appearance when required and/or the safety of any other person and/or the community.
2. The Defendant wholly fails to meet any of the prongs of the aforesaid 18 U.S.C. § 3143(a), among which is that the undersigned find that there is a substantial likelihood that a motion for acquittal or new trial will be granted.
3. Prior to his arrest, the Defendant was a regular substance abuser, had three prior felony drug offenses (crack cocaine), as well as one domestic violence charge and one assault charge, both reduced to disorderly conduct. Moreover, he sustained a prior revocation of probation, due to incurring new charges while under probation supervision.
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WALTER H. RICE
UNITED STATES DISTRICT JUDGE
Copies to: Counsel of record