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United States v. Aossey

United States District Court, N.D. Iowa, Cedar Rapids Division

July 22, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
WILLIAM B. AOSSEY, JR., Defendant.

ORDER

LINDA R. READE, Chief District Judge.

I. INTRODUCTION

The matter before the court is the detention of Defendant William B. Aossey, Jr.

II. RELEVANT PROCEDURAL BACKGROUND

On July 13, 2015, the court accepted the jury's verdicts of guilty on Counts 1-15 of the Superseding Indictment. See July 13, 2015 Order (docket no. 98). Under Count 1, Defendant was convicted of conspiracy, a violation of 18 U.S.C. § 371 and punishable by a maximum term of five years' imprisonment. Under Counts 2-8, Defendant was convicted of making false statements on export certificates, each a violation of 21 U.S.C. § 611 and punishable by a maximum term of imprisonment of up to three years. Under Counts 9-15, Defendant was convicted of wire fraud, a violation of 18 U.S.C. § 1341 and punishable by a maximum term of imprisonment of twenty years on each count. Defendant was acquitted of Counts 16-18, money laundering, violations of 18 U.S.C. § 1957(a) and punishable by a term of imprisonment not to exceed ten years on each count. Defendant was also acquitted of Count 19, money laundering conspiracy, a violation of 18 U.S.C. § 1956(h) which carries a maximum punishment of ten years in prison. Despite the jury's acquittal on Counts 16-19, the court may consider acquitted conduct at sentencing. See, e.g., United States v. Papakee, 573 F.3d, 569, 576 (8th Cir. 2009).

On July 13, 2015, following the jury's guilty verdicts, the court held a detention hearing, at which it heard evidence and argument from the government and from Defendant. See July 13, 2015 Minute Entry (docket no. 99). On July 22, 2015, the government filed a Memorandum in Support of Motion to Detain Defendant (docket no. 103).

III. STANDARD OF REVIEW

Title 18, United States Code, Section 1343(a) governs a defendant's release or detention pending sentencing. 18 U.S.C. § 3143 provides in pertinent part:

[... T]he judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. [§] 994 does not recommend a term of imprisonment, 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 under [§] 3142(b) or (c). If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with [§] 3142(b) or (c).

18 U.S.C. § 3143(a).

The presumption in 18 U.S.C. § 3142(b), which governs a defendant's release or detention before trial, favors release. United States v. Kills Enemy, 3 F.3d 1201, 1203 (8th Cir. 1993) (citing 18 U.S.C. § 3142(b)). In contrast, the presumption in 18 U.S.C. § 3143(a), which governs a defendant's release or detention after conviction and before sentencing, favors detention. Id. (citing 18 U.S.C. § 3143(a)). As a result, "[a] convicted person awaiting sentence is no longer entitled to a presumption of innocence or presumptively entitled to his freedom." Id . A defendant carries the burden to show by clear and convincing evidence that he or she "is not likely to flee if released upon suitable conditions." United States v. Welsand, 993 F.2d 1366, 1367 (8th Cir. 1993) (per curiam).

IV. ANALYSIS

In addition to the evidence presented at the detention hearing, the parties rely on evidence previously presented at trial. The court considered all the evidence and arguments ...


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