Opinion
Case No: 03-CR-80658.
December 27, 2005
ORDER DENYING MOTION FOR RELEASE
Defendant has filed a motion for release from custody pending re-sentencing, and the government has responded in opposition. A person who is awaiting sentencing shall "be detained" unless the district court determines that the defendant is not likely to flee or does not pose a danger to others. 18 U.S.C. § 3143(a). Additionally, a defendant who has appealed shall "be detained" unless his appeal is likely to result in the imposition of "a reduced sentence to a term of imprisonment less than the total of the time already served. . . ." 18 U.S.C. § 3143(b).
After considering the briefs, the court is not convinced that Defendant's appeal and re-sentencing is "likely" to result in a term of imprisonment less than the total of the time already served.
IT IS ORDERED that Defendant's Motion for Release from Custody [Dkt. #37] is DENIED.
A separate Order governing the steps to be taking in preparation for re-sentencing will issue forthwith.