Friday, January 20, 2017

Pre-Sentence Detention Affirmed for Defendant Facing 0-6 Months Guideline Range

U.S. v. Johnson, 652 F. App'x 619 (6/10/16) (Ut.) (unpub'd) - The 10th affirms a pre-sentence detention. The 10th rejects Mr. Johnson's contention that the post-plea, pre-sentence presumption of detention does not apply because his guideline range would be zero to six months. In other words, he argued he was "a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. § 994 does not recommend a term of imprisonment " under 18 U.S.C. § 3143(a)(1). The 10th is unimpressed with Mr. Johnson's point that there are no guideline ranges of zero to zero months, so everyone would be subject to the detention presumption under the government's and the lower court's interpretation. The 10th responds that the § 994 provision to which § 3143 refers says the guidelines could call for three possible categories of punishment: probation, a fine or prison term. Probation and fine are not prison terms. End of story. The 10th finds support for the district court's fear that Mr. Johnson would flee, including that when arrested Mr. Johnson had a one-way ticket to Costa Rica and over $25,000 in cash.