United States v. Harris

11 Citing cases

  1. United States v. McMahon

    21-CR-265 (PKC) (E.D.N.Y. Mar. 1, 2024)   Cited 1 times

    Moreover, even if a fair reading of the jury's verdict shows an inconsistency between the counts, “such an inconsistency is not within the province of the Court to remedy based solely on that inconsistency.” United States v. Harris, 192 F.Supp.3d 337, 345 (W.D.N.Y. 2016) (collecting cases). Because one of the core principles guiding a Court considering post-trial motions is that it “must be careful to avoid usurping the role of the jury,” finding McMahon's acquittal on Count One and conviction on Count Two to be inconsistent would not only be inappropriate, but also precluded by a long line of Supreme Court and Second Circuit precedent.

  2. United States v. Thomas

    3:20-cr-51 (SRU) (D. Conn. Jun. 28, 2022)   Cited 2 times

    After being convicted, a defendant must carry the burden of proof to establish entitlement to bail and presentencing release. United States v. Harris, 192 F.Supp.3d 337, 346-47 (W.D.N.Y. 2016).

  3. United States v. Hinman

    CR. 19-50041-JLV (D.S.D. Jul. 13, 2020)

    "Thus, in order for Defendant to be released pending sentencing, he would have to establish: (1) by clear and convincing evidence that he is not likely to flee; (2) by clear and convincing evidence that he does not pose a danger to any other person or the community; and (3) that exceptional reasons are clearly shown warranting his release." United States v. Harris, 192 F. Supp. 3d 337, 347 (W.D.N.Y. 2016). " 'Exceptional reasons' must include something that is 'clearly out of the ordinary, uncommon, or rare.' "

  4. United States v. Wiggins

    469 F. Supp. 3d 65 (W.D.N.Y. 2020)   Cited 1 times

    Once convicted, a defendant bears the burden of proof to establish his entitlement to bail. United States v. Harris , 192 F. Supp. 3d 337, 346-47 (W.D.N.Y. 2016). Here, Defendant does not argue that a motion for acquittal or new trial will be granted, nor does he contend that the Government will recommend no prison sentence.

  5. United States v. Williams

    467 F. Supp. 3d 106 (W.D.N.Y. 2020)   Cited 1 times

    Accordingly, because of the nature of Defendant's convictions, he must establish the following in order to justify his release pending sentencing: "(1) by clear and convincing evidence that he is not likely to flee; (2) by clear and convincing evidence that he does not pose a danger to any other person or the community; and (3) that exceptional reasons are clearly shown warranting his release." United States v. Harris , 192 F. Supp. 3d 337, 347 (W.D.N.Y. 2016). Alternatively, a defendant convicted of the crimes that Defendant pleaded guilty to may meet his burden to be released after conviction if in addition to establishing that he is not a flight risk or danger, he establishes that "there is a substantial likelihood that a motion for acquittal or new trial will be granted," 18 U.S.C. § 3143(a)(2)(A)(i), or "an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person," id. § 3143(a)(2)(A)(ii).

  6. United States v. Taggart

    467 F. Supp. 3d 99 (W.D.N.Y. 2020)

    Once convicted, a defendant bears the burden of proof to establish his entitlement to bail. United States v. Harris , 192 F. Supp. 3d 337, 346-47 (W.D.N.Y. 2016). Here, Defendant does not argue that a motion for acquittal or new trial will be granted, nor does he contend that the Government will recommend no prison sentence.

  7. United States v. Hugley

    1:15-CR-00115 EAW (W.D.N.Y. May. 26, 2020)

    Because of the nature of Defendant's convictions, he must establish the following in order to justify his release pending sentencing: (1) by clear and convincing evidence that he is not likely to flee; (2) by clear and convincing evidence that he does not pose a danger to any other person or the community; and (3) that exceptional reasons are clearly shown warranting his release. United States v. Harris, 192 F. Supp. 3d 337, 347 (W.D.N.Y. 2016). Alternatively, a defendant convicted of the crimes that Defendant pleaded guilty to may meet his burden to be released after conviction if in addition to establishing that he is not a flight risk or danger, "an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person.

  8. United States v. Greene

    453 F. Supp. 3d 608 (W.D.N.Y. 2020)   Cited 2 times

    "Once convicted, a defendant bears the burden of proof to establish his entitlement to bail." United States v. Harris , 192 F. Supp. 3d 337, 346-47 (W.D.N.Y. 2016). The standard for release or detention pending sentence is set forth at 18 U.S.C. § 3143(a).

  9. United States v. Cooper

    450 F. Supp. 3d 308 (W.D.N.Y. 2020)   Cited 6 times

    Once convicted, a defendant bears the burden of proof to establish his entitlement to bail. United States v. Harris , 192 F. Supp. 3d 337, 346-47 (W.D.N.Y. 2016). In other words, in order to establish his entitlement to release, Defendant must demonstrate by clear and convincing evidence that he is not likely to flee or pose a danger to the safety of any other person or the community.

  10. United States v. Stephenson

    17-CR-199-A (W.D.N.Y. Dec. 10, 2018)

    That is a correct statement of the elements of the § 5861(d) offense charged in the Information. See e.g., United States v. Harris, 192 F. Supp. 3d 337, 343 (W.D.N.Y. 2016) (citing 2 Leonard B. Sand et al., Modern Federal Jury Instructions, — Criminal, ¶ 35.16 (Matthew Bender)); see generally, United States v. White, 863 F.3d 784 (8th Cir. 2017) (discussing Staples v. United States, 511 U.S. 600 (1994)). The defendant acknowledged the elements of the offense during his plea allocution.