United States District Court, D. Nevada
C. MAHAN UNITED STATES DISTRICT JUDGE
before the court is defendant William Waller's
(“defendant”) motion for bond.(ECF No. 112). The
United States of America (“the government”) filed
a response (ECF No. 114), to which defendant replied (ECF No.
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).
April 1, 2019, defendant filed the instant motion for release
pending sentencing. (ECF No. 112).
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:
(i) the judicial officer finds there is a substantial
likelihood that a motion for acquittal or new trial will be
(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).
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 ...