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United States v. Lewis

United States District Court, W.D. North Carolina, Asheville Division

August 25, 2017

UNITED STATES OF AMERICA,
v.
LEIGHSA BRADLEY LEWIS.

          ORDER

          Dennis L. Howell United States Magistrate Judge.

         THIS CAUSE came on to be heard before the undersigned at the close of a Rule 11 proceeding that was held before this Court on August 11, 2017. It appearing to the Court at the call of this matter on for hearing the Defendant was present with her attorney, Sean Devereux and the Government was present and represented through AUSA John Pritchard. From the arguments of counsel for Defendant and the arguments of the Assistant United States Attorney and the records in this cause, the Court makes the following findings:

         Findings.

         On November 15, 2016 a bill of indictment (#1) was issued charging the Defendant with conspiracy to traffic in methamphetamine, in violation of 21 U.S.C. § 841(b)(1)(B) and 846. On August 11, 2017, the undersigned held and inquiry, pursuant to Rule 11 of the Federal Rules of Criminal Procedure and accepted a plea of guilty of the Defendant to that charge. At the close of the Rule 11 proceeding, the Court presented the issue of whether or not Defendant should now be detained, pursuant to 18 U.S.C. § 3143(a)(2).

         Discussion.

         18 U.S.C. § 3143(a)(2) provides as follows:

(2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained 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; or
(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.

         From an examination of the records in this cause, it appears Defendant has now entered a plea of guilty to conspiracy to violate 21 U.S.C. § 841(b)(1)(B). That crime is one of the crimes that is referenced under 18 U.S.C. § 3142(f)(1)(C). The undersigned made an inquiry of AUSA John Pritchard as to whether or not there will be a recommendation that no sentence of imprisonment be imposed upon Defendant. Mr. Pritchard advised the Court that such a recommendation could not be made in this matter. The undersigned cannot find there is a likelihood that a motion for acquittal or new trial will be granted due to the fact the Defendant has now entered a plea of guilty.

         It would appear, and the Court is of the opinion that the Court is required by law to apply the factors as set forth under 18 U.S.C. § 3143(a)(2) which mandate the detention of Defendant.

         Defendant's counsel made an oral motion that Defendant continue to be released on terms and conditions of presentence release, pursuant to what Defendant contends are exceptional circumstances as set forth in 18 U.S.C. § 3145(c). Mr. Devereux had filed an Unopposed Motion to Hold Open at Docket Call (#51) on August 4, 2017. In that motion, Mr. Devereux advised the Court that Defendant had been admitted to Memorial Mission Hospital on August 3, 2017 where Defendant had underwent emergency gall bladder surgery. Mr. Devereux advised the undersigned that Defendant was continuing to recover from her surgery and requested that the undersigned allow her a period of time to remain on what would now be presentence release so the Defendant could recover from the surgery.

         D ...


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