Defendant's post-trial, presentence release on bond reversed

U.S. v. Hosier, 2015 WL 3814544 (6/19/15) (Kan.) (unpub'd) - The 10th overturns a presentence release order. Following the jury's child-porn guilty verdicts, the district court said; "Mr. Hosier, you've been compliant with your release conditions. So I'm going to keep you on bond until your sentence." The government asked to be heard. The court responded: "I know you're going to tell me detention is mandatory, but I'm not going to do that. You can appeal me if you want to." The government followed the court's suggestion. The 10th noted that release was not justified under 18 USC § 3143(a)(2)(A) because there was not a substantial likelihood of the granting of an acquittal or a new trial and the government was not going to recommend a non-prison sentence since there was a mandatory minimum of five years. The 10th held that the exceptional-reasons exception under 18 USC § 3145(c) didn't justify the release either because the court did not make an exceptional-reasons finding and compliance with release conditions terms does not by itself qualify as an exceptional reason.