Opinion
2:23-cr-49-SPC-NPM
02-22-2024
UNITED STATES, Plaintiff, v. LUIS DANIEL FUENTES, Defendant.
ORDER
SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Before the Court is Defendant Luis Fuentes' Unopposed Motion Requesting an Order Clarifying that Defendant Shall Not Be Released Prior to Sentencing. (Doc. 72). Defendant was charged with four counts of producing and possessing child pornography. (Doc. 1). At his initial appearance, the Court ordered Defendant detained pending trial. (Doc. 15). Since then, Defendant has pleaded guilty to all offenses charged and will be sentenced on May 28, 2024. (Docs. 66, 68, 69).
Because Defendant has pleaded guilty to four crimes of violence, and at least three carry mandatory minimum terms of imprisonment, the Court must detain Defendant pending his sentencing. See 18 U.S.C. § 3143(a). And once sentenced, the Court must detain him pending any appeal. See 18 U.S.C. § 3143(b) and (c). So Defendant must remain in the custody of the United States Marshal pending sentencing and then be remanded to the Federal Bureau of Prisons.
Accordingly, it is
ORDERED:
1. Defendant Luis Fuentes' Unopposed Motion Requesting an Order Clarifying that Defendant Shall Not Be Released Prior to Sentencing (Doc. 72) is GRANTED.
2. Defendant must remain in the custody of the United States Marshal pending sentencing and then be remanded to the Federal Bureau of Prisons.
DONE and ORDERED
Copies: All Parties of Record