United States District Court, D. Nevada
KRISTINE M. KUZEMKA, ESQ. Attorney for Jamal William
Nicholas Trutanich United States Attorney
Robert Knief Assistant United States Attorney
ORDER GRANTING UNOPPOSED MOTION TO CONTINUE
SELF-SURRENDER DATE (FIRST REQUEST) ECF NO. 406
This Motion is timely filed.
NOW, the Defendant, JAMAL WILLIAM, by and through counsel
undersigned, KRISTINE M. KUZEMKA, ESQ., and moves this
Honorable Court for an Order continuing Mr. William's
self-surrender date to the Bureau of Prisons for the purpose
of obtaining necessary medical treatment.
29, 2019, Defendant, Jamal William was sentenced by this
Honorable Court to serve nine (9) months in prison with 3
years of supervised release thereafter. He was ordered to
self-surrender on October 28, 2019, before 12 pm. Subsequent
to the sentencing, Defense Counsel was made aware of a health
issue complication not known at the time of sentencing. (See
Exhibit A, Memorandum from Mark J Cirella, M.D. and the
Centennial Surgery Center Scheduling Order) Mr. William has a
scheduled Caudal ESI procedure on November 13, 2019 at 8:20
am. Mr. William will need to follow up after this procedure
every thirty days. Therefore, this unopposed motion is
submitted to request this Court consider continuing Mr.
William's self-surrender date no sooner than seventy-five
Court has the inherent authority to extend Mr. William's
self-surrender date to the Bureau of Prisons under 18 U.S.C.
§ 3143(a). which reads in pertinent part:
(a) Release or detention pending sentence. (1) Except as
provided in paragraph (2), the judicial officer shall order
that a person who has been found guilty of an office 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 section 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
section 3142(b) or (c).
pursuant to 18 U.S.C. § 3143(a), this Court has the
authority to permit Mr. William to voluntarily report to
prison if it is determined by “clear and convincing
evidence that he is not likely to flee or pose a danger to
the safety of any other person or community.” Mr.
William submits that 18 U.S.C. § 3143(a) gives this
Court the inherent authority to continue his self-surrender
date as long as he is not a danger to the community or a
flight risk. As this Court knows, Mr. William's has been
completely complaint with all of the conditions of pretrial
release since July, 2018, and as the Court previously has
determined in allowing him to remain at liberty, even after
his conviction and sentencing, he is neither a danger to the
community nor a flight risk.
18 U.S.C. § 3145(c) allows a person subject to detention
to be ordered released if it is clearly shown why there are
exceptional reasons why the person's detention would not
be appropriate. Exceptional circumstances exist where there
is a “a unique combination of circumstances giving rise
to situations that are out of the ordinary. United States
v. DiSomma, 951 F.2d 494, 497 (2d Cir. 1991). Mr.
William submits he reported to Pretrial Services after
sentencing and discussed the scheduled surgery for September
3, 2019 with his new officer. Mr. William advised he has to
have follow up care and treatment every 30 days post-surgery.
The pretrial officer explained that Mr. William will not be
transported for his follow up care while in custody of the
Bureau of Prisons. Subsequently, Mr. William was scheduled
for another ESI procedure to take place on November 13, 2019.
because Mr. William meets the requirements under 18 U.S.C.
§ 3143(a) and 18 U.S.C. § 3145(c), and he remains
in compliance with the current conditions of his release, he
respectfully requests this Court issue an Order continuing
his self-surrender date for no sooner than seventy-five (75)
days. Allowing this continuance will give Mr. William enough
time to receive necessary follow up medical care before
surrendering to the BOP. Such a continuance will provide for
two thirty (30) day follow up appointments after the November
13, 2019, ESI procedure.
for Mr. William has spoken to Assistant United States
Attorney Robert Knief, and he has no objection to continuing
Mr. William's self-surrender ...