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United States v. Waller

United States District Court, D. Nevada

April 17, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
WILLIAM WALLER, Defendant.

          ORDER

          JAMES C. MAHAN UNITED STATES DISTRICT JUDGE

         Presently before the court is defendant William Waller's (“defendant”) motion for bond.[1](ECF No. 112). The United States of America (“the government”) filed a response (ECF No. 114), to which defendant replied (ECF No. 116).

         I. Facts

         On March 18, 2019, following a jury trial, defendant was found guilty of one count of Attempt to Evade or Defeat Tax in violation of 26 U.S.C. § 7201, and two counts of Willful Failure to File a Return in violation of 26 U.S.C. § 7203. (ECF No. 104). At the conclusion of trial, the court remanded defendant to custody pending sentencing, which is currently set for June 21, 2019. (ECF No. 102).

         On April 1, 2019, defendant filed the instant motion for release pending sentencing. (ECF No. 112).

         II. Legal Standard

         Under 18 U.S.C. § 3143(a), a criminal defendant who has been found guilty and is awaiting sentencing for a crime for which a term of imprisonment is recommended by the sentencing guidelines must be detained pending sentencing unless:

(A)
(i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or
(ii) an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and
(B) the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.

18 U.S.C. § 3143(a).

         The factors the court considers when making the determination of whether a person is “likely to flee or pose a danger to the safety” of the community are:

(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence, a violation of section 1591, a Federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device; (2) the weight of the evidence against the person; (3) the history of the person, including [] the person's character, physical and mental condition, family ties, employment, financial resources, length of residency in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at ...

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