United States District Court, D. Minnesota
Surya Saxena, Assistant U.S. Attorney, Minneapolis, MN. counsel for plaintiff.
John J.E. Markham II, Esq., Markham & Read, Boston, MA, counsel for defendant.
DAVID S. DOTY, District Judge.
This matter is before the court upon the motion for release from custody, or in the alternative, a change of designation pending appeal by defendant Lava Marie Haugen. Based on a review of the file, record, and proceedings herein, and for the following reasons, the court denies the motion.
The background of this matter is fully set forth in previous orders, and the court recites only those facts necessary to resolve the instant motion. On October 7, 2013, Haugen was convicted of (1) conspiracy to commit offenses against the United States, (2) delivery of misbranded drugs received in interstate commerce, (3) doing acts resulting in drugs being misbranded, and (4) conspiracy to distribute controlled substance analogues. ECF No. 301. On August 14, 2014, Haugen was sentenced to a term of imprisonment of sixty months. ECF No. 425. At sentencing, the court found, based on an agreement between the government and Haugen, that her unique medical needs justified temporary release from custody pending designation to a Federal Medical Center. See ECF No. 444, at 193:8-195:18. She was then designated to FMC Carlswell in Texas.
Haugen filed a notice of appeal from her conviction on August 21, 2014. On September 13, 2014, Haugen moved for continued release from custody pending her appeal. In the alternative, she requested that the court recommend a designation to the Federal Correctional Institution in Waseca, Minnesota. The court denied the motion for release on September 22, 2014, but granted a twoweek stay of her voluntary surrender date to allow the Bureau of Prisons to consider the alternative recommendation. ECF No. 464. The BOP maintained its designation, and Haugen voluntarily surrendered on October 7, 2014.
Haugen now moves for a second time for release pending appeal, arguing that the staff at FMC Carlswell have not rendered appropriate medical care. ECF No. 486. In the alternative, Haugen again asks the court to recommend a transfer to FCI Waseca.
I. Release Pending Appeal
18 U.S.C. §§ 3143(b)(2) and 3145(c) govern the court's decision to release a defendant subject to mandatory detention pending appeal. During appeal, the court generally must detain persons convicted of an offense under the Controlled Substances Act for which a maximum term of imprisonment is ten years or more. 18 U.S.C. §§ 3143(b)(2); 3142(f)(1)(C). To warrant release pending appeal, the court must determine that (1) "exceptional reasons" clearly show "detention would not be appropriate"; and (2) Haugen meets the conditions of release set forth in 18 U.S.C. § 3143(b)(1). 18 U.S.C. § 3145(c). To meet the conditions of release under § 3143(b)(1), 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...; 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 [a reversal, new trial, or reduced sentence].
Circumstances entitling one to release under § 3145(c) must be "clearly out of the ordinary, uncommon, or rare." United States v. ...