The opinion of the court was delivered by: Judge Sara Lioi
Following a jury trial, Defendant Steven Terry was convicted of conspiracy to commit mail fraud, 18 U.S.C § 1341, in violation of 18 U.S.C. § 1349, conspiracy to commit honest services mail fraud, 18 U.S.C. §§ 1341 and 1346, in violation of 18 U.S.C. § 1349, and honest services mail fraud, in violation of 18 U.S.C. §§ 1341 and 1346. On October 4, 2011, the Court sentenced the defendant to a term of incarceration of 63 months on each count, to run concurrently. (Doc. No. 94.)
This matter is now before the Court on the defendant's motion for release on bond pending appeal. (Doc. No. 79.) The government opposes the motion. (Doc. No. 87.) For the reasons set forth below, as well as the reasons set forth in numerous prior Opinions and Orders, the defendant's motion is DENIED.
The terms of the defendant's request for release pending appeal are governed by 18 U.S.C. § 3143(b)(1), which provides: the judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds-
(A) 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 under section 3142(b) or (c) of this title; and
(B) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in-
(ii) an order for a new trial,
(iii) a sentence that does not include a term of imprisonment, or
(iv) a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.
If the judicial official makes such findings, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c) of this title [.].
This statute creates a presumption against release pending appeal. United States v. Scherer, 101 Fed. Appx. 1002, 1003 (6th Cir. 2004) (citing United States v. Vance, 851 F.2d 166, 168-69 (6th Cir.), cert. denied, 488 U.S. 893 (1988)).
Notwithstanding the government's suggestion to the contrary, the Court
finds that this defendant is not likely to flee, nor would his release pending appeal pose a risk to the community. The defendant was not convicted of any crimes of violence, he has complied with all of the conditions of his bond to date, and has presented himself for all necessary court appearances. Further, he is a life-long resident of Ohio and has strong ties to the community. As such, the sole issue for the Court on the defendant's ...