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United States v. Ray

United States District Court, E.D. California

August 30, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DESHAWN A. RAY, Defendant.

          STATEMENT OF REASONS

          MORRISON C. ENGLAND JR. UNITED STATES DISTRlC JUDGE

         Defendant Deshawn Ray (“Defendant”) proceeded to trial on a Second Superseding Indictment charging him with: (1) one count of Conspiracy to Commit Bank Fraud in violation of 18 U.S.C. §§ 1344, 1349; (2) two counts of Bank Fraud in violation of 18 U.S.C. § 1344; (3) and one count of Aggravated Identity Theft in violation of 18 U.S.C. § 1028A(a)(1). ECF No. 73. On December 11, 2014, the jury found Defendant guilty on all counts, and the Court remanded him into the custody of the United States Marshal. ECF No. 151, 156. The Court denied Defendant's subsequent Motion for New Trial, ECF Nos. 223, 255, and Defendant appealed. Defendant thereafter filed a Motion for Bail Review and Release Pending Appeal, ECF No. 311, which this Court denied as well, ECF No. 317. This case is now back before this Court on limited remand from the Ninth Circuit Court of Appeals for “explanation of the reasons for the denial of appellant's motion for bail pending appeal.” ECF No. 318 at 1. That explanation follows.

         To grant bail pending appeal under the Bail Reform Act, the Court must find:

(A) 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) of this title; and
(B) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in--
(i) reversal,
(ii) an order for a new trial,
(iii) a sentence that does not include a term of imprisonment, or
(iv) a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.
If the judicial officer makes such findings, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c) of this title, except that in the circumstance described in subparagraph (B)(iv) of this paragraph, the judicial officer shall order the detention terminated at the expiration of the likely reduced sentence.

18 U.S.C. § 3143(b)(1)(B).

         This Court was required to make a similar inquiry when the Government moved for Defendant's immediate remand after the jury rendered its verdict. After hearing from defense counsel and from Defendant once more himself, the Court concluded:

My assessment of this case right now is that the evidence that was presented by the Government over the last three days was overwhelming as to what the guilt was of Mr. Ray. Between the pictures, the demonstrative evidence, the exhibits that were provided, it was overwhelming.
And, again, I listened to what was said yesterday, and it was incredible, I think, to listen to it. And that's why I'm not certain that I can believe what I'm hearing at this point in time, Mr. Ray. Because I sat here and watched you for an hour and a half, and I listened to everything that was said. ...

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