Opinion
Case No. CR-3-06-022.
March 9, 2006
ENTRY AND ORDER
This matter comes before the Court pursuant to a verbal Motion made by counsel for Defendant for Bond Release subsequent to the guilty plea entered by the Defendant to Count One of the Bill of Information.
18 U.S.C. § 3143(a)(2) provides that a person who has been found guilty of an offense in a case described in subparagraph (A)(B) or (C) of subsection (f)(1) of Section 3142 is awaiting imposition or execution of sentence be detained unless (A)(i), the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or (ii) an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and (B) the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.
The Defendant, Michael Stafford, pled guilty to a violation of 21 U.S.C. § 846 Conspiracy to Possess and to Possess with the Intent to Distribute in Excess of 500 grams of Cocaine, a Schedule II Controlled Substance. This offense is an offense referenced in 18 U.S.C. § 3143(f)(1)(C) which has a maximum term of imprisonment of ten years or more as prescribed by the Controlled Substance Act (21 U.S.C. 81 et seq.)
There has been no motion for acquittal or new trial filed in this case and the Court has not been apprised of a recommendation by the Government that no sentence of imprisonment be imposed.
Therefore, pursuant to 18 U.S.C. § 3143 (a)(2) Defendant's Motion for Bond Release is DENIED.
IT IS SO ORDERED.