Summary
denying motion for release pending sentence notwithstanding defendant's health issues, and noting "there is no evidence that the defendant cannot obtain necessary medical treatment while in custody"
Summary of this case from United States v. SanyaoluOpinion
CRIMINAL ACTION, NUMBER 02-062, SECTION "L" (5)
August 14, 2003
ORDER REASONS
Pending before the Court are two motions filed by Defendant Motilall L. Sudeen. The first motion, Defendant's Motion to be Released on Conditions Pending Sentence, was filed July 28, 2003, and set for expedited hearing. The second motion, Defendant's Motion for an Order to Obtain Medical Treatment, was originally filed May 22, 2003. At a May 28, 2003, status conference, the parties informed the Court that they would attempt to resolve Defendant Sudeen's medical treatment requests. (Rec. Doc. No. 271). Because the parties have been unable to settle those medical treatment issues, the Court shall now rule on that motion. For the following reasons both motions are DENIED.
I. BACKGROUND
On January 27, 2003, Defendant Motilall L. Sudeen was convicted of all counts of a 38-count indictment that charged him with conspiracy, travel fraud, wire fraud and money laundering. Sudeen's conviction resulted from his involvement in a complicated, international scheme to defraud more than 50 investors of millions of dollars. Upon Sudeen's conviction this Court revoked bond and remanded him to the custody of the United States Marshal to await sentencing.
The Defendant has complained of a series of health problems and now moves the Court to release him on conditions until his September 17, 2003, sentencing. The Defendant urges the Court that his release or placement in a half-way house is necessary so that he may have his personal physician remove a subcutaneous cyst, undergo an MRI scan and an electroencephalogram to diagnose and treat injuries that resulted from an auto accident, and be psychiatrically evaluated by John Muggivan, an experienced local social worker.
II. LAW AND ANALYSIS A. RELEASE OR DETENTION PENDING SENTENCE
A defendant who has been convicted of an offense for which the applicable guideline recommends a term of imprisonment and who is awaiting the imposition of his sentence shall be detained "unless the judicial officer finds 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. . . ." 18 U.S.C. § 3143(a) (2000). The statute places the burden on the convicted defendant to demonstrate by clear and convincing evidence that he is not a flight risk or a danger to the community. United States v. Strong, 775 F.2d 504, 505 (3d Cir. 1985).
Mr. Sudeen has not demonstrated by clear and convincing evidence that he is not a flight risk. He faces a lengthy term of incarceration for his violations of federal fraud statutes. In addition, the international nature of the fraud and Sudeen's substantial overseas connections weigh against his release. Several of Sudeen's alleged co-conspirators live abroad and are still at large. One of those alleged co-conspirators received wire transfers from Sudeen of more than $500,000. Mr. Sudeen has active business interests in Guyana, multiple passports, and has had many foreign bank accounts. Recently, accounts worth $1.2 million were seized by the Austrian government. Sudeen has failed to show that any condition of release will adequately guarantee that he appears for sentencing. Accordingly, he shall remain in custody pending sentence.
B. MEDICAL TREATMENT WHILE IN CUSTODY
The denial of Mr. Sudeen's motion to be released on conditions is not a denial of the defendant's access to medical treatment. Sudeen is currently awaiting sentencing in the Orleans Parish Prison (OPP), a facility that this Court designated because of its accessability to excellent medical facilities. The Defendant's motion does not indicate that the OPP is incapable of providing access to medical care or even that he has requested the treatment from OPP authorities. Because there is no evidence that the defendant cannot obtain necessary medical treatment while in custody, the Defendant's Motion for an Order to Obtain Medical Treatment is DENIED.
III. CONCLUSION
For the reasons stated above, the Defendant's Motion to be Released on Conditions Pending Sentence is DENIED. It is further ordered that the Defendant's Motion for an Order to Obtain Medical Treatment is DENIED.