Devinna

United States v. Devinna

Good Law
5 F. Supp. 2d 872·1998 WL 281278·1998 U.S. Dist. LEXIS 11824
United States District Court, Eastern District of CaliforniaMay 6, 1998CR. S-97-0462 WBSCalifornia1,069 words

Opinion

Opinion

Shubb, J.

MEMORANDUM AND ORDER

Following the entry of defendant’s plea of guilty to the charge in Count Four of the Indictment, on April 8, 1998, the government moved that he be remanded to the custody of the Marshal pending sentencing. Defendant filed written opposition to that request, and the court continued the matter one week to April 15,1998 to allow the government to file a written response. After considering the letter of April 14,1998 from defendant’s doctor, the court on April 15,1998 continued the matter again to April 29, 1998 with instructions that defendant consult his doctor in the meantime. On April 29, 1998, after hearing, the court ordered defendant detained, pursuant to the provisions of 18 U.S.C. § 3143 (a)(2) pending sentencing. This memorandum sets forth the court’s reasons for that order and supersedes the oral comments of the court made at the time of the hearing.

The defendant does not dispute that the child pornography offense to which he has pleaded guilty is a “crime of violence” under the Bail Reform Act. See 18 U.S.C. § 3156 (a)(4)(C). Having pleaded guilty to a “crime of violence,” defendant is subject to a provision mandating detention pending sentencing.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.