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United States v. Kellow

United States District Court, D. Nevada

June 3, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
LANCE KELLOW, Defendant.

ORDER

GLORIA M. NAVARRO, Chief District Judge.

Pending before the Court is the Emergency Motion for Release Pending Appeal (ECF No. 287) filed by Defendant Lance Kellow ("Defendant"). The Government filed a Response. (ECF No. 289.)

I. BACKGROUND

Defendant was convicted by a jury on March 1, 2013, of one count of Conspiracy to Commit Wire and Mail Fraud in violation of 18 U.S.C. §§ 1349, 1341, and 1343; three counts of Wire Fraud in violation of 18 U.S.C. § 1343; and one count of Bank Fraud in violation of 18 U.S.C. § 1344. At Defendant's Sentencing Hearing, on March 7, 2014, the Court imposed a custodial sentence of fifty-seven months per count, concurrent. In addition, the Court ordered that Defendant shall self-surrender to begin this term of imprisonment on June 5, 2014.

More recently, on May 28, 2014, Defendant filed the instant motion requesting that the Court allow Defendant to remain out of custody until his appeal to the Ninth Circuit is resolved.

II. LEGAL STANDARD

Section 3143 of Title 18 of the United States Code governs the release or detention of a defendant pending appeal. 18 U.S.C. § 3143(b). Pursuant to § 3143(b), a court may grant release to an individual sentenced to a term of imprisonment only when

"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-
(i) reversal,
(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 ...

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