United States v. Mitchell

MEMORANDUM

ADELMAN, District Judge.

Defendant Fred Mitchell pled guilty to participation in a conspiracy to distribute cocaine, contrary to 21 U.S.C. § 846. Because the offense carried a maximum penalty of ten years or more, he was subject to detention pending sentencing under 18 U.S.C. § 3143(a)(2). However, defendant argued that there were “exceptional reasons” justifying continuation of his bond. I agreed and therefore allowed him to remain on release. In this memorandum I set forth my reasons.

I. STANDARD FOR RELEASE PENDING SENTENCING

The general rule concerning release pending sentencing is…