United States v. Cropper

361 F. Supp. 3d 1236
CourtDistrict Court, N.D. Alabama
DecidedFebruary 21, 2019
DocketCase No.: 2:17-CR-0030-VEH-TMP-1
StatusPublished

This text of 361 F. Supp. 3d 1236 (United States v. Cropper) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Cropper, 361 F. Supp. 3d 1236 (N.D. Ala. 2019).

Opinion

VIRGINIA EMERSON HOPKINS, Senior United States District Judge

Before the Court is Defendant Vaughn Alexander Cropper's Motion To Review and Revoke Magistrate's Detention Order (doc. 110) (the "Motion") filed on December 17, 2018. The Government did not file any opposition to the Motion. Accordingly, the Motion is ripe for review.

The Motion is GRANTED to the extent that the Court will review the magistrate *1238judge's detention order. However, for the reasons set out below, the Motion is otherwise DENIED . Defendant will not be released pending appeal.

I. PROCEDURAL HISTORY

On April 11, 2017, Defendant was convicted by a jury of being a felon knowingly in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), with penalties as set out at 18 U.S.C. § 924. At sentencing, the Court found that Defendant had three prior drug felony convictions, and therefore sentenced him under the mandatory minimum sentencing provisions of the Armed Career Criminal Act, 18 U.S.C. § 924(e). Judgment of Conviction (doc. 79) was entered on August 10, 2017. Defendant was sentenced to a custodial term of 188 months. (See id. at 2).

On August 11, 2017, Defendant filed a Notice of Appeal (doc. 81) and appealed his conviction and sentence.

On August 14, 2017, Defendant filed a Motion To Proceed Pro Se on Appeal and Waive Appointment of Counsel. (Doc. 84). In the Motion To Proceed Pro Se on Appeal and Waive Appointment of Counsel, Defendant also requested that he be given a "hearing ... to determine if [he] [could] be released pending appeal." (See id. at 1 n.1).

Magistrate Judge T. Michael Putnam held a hearing on August 23, 2017. (See Docket Sheet). On August 25, 2017, Judge Putnam issued an Order Denying Release Pending Appeal (doc. 88).

On November 17, 2017, Defendant filed a Motion To Revoke Magistrate's Detention Order (doc. 102). On November 20, 2017, the district court transmitted Defendant's Motion To Revoke Magistrate's Detention Order to the United States Court of Appeals for the Eleventh Circuit. (See Docket Sheet).

On March 15, 2018, the Eleventh Circuit dismissed Defendant's Motion To Revoke Magistrate's Detention Order without prejudice. (See doc. 110-1 at 1). The Eleventh Circuit did not have jurisdiction to rule on the motion because "the district court never reviewed [the detention order] and therefore never rendered a final ruling ... that [the Eleventh Circuit] [could] review." (See id. ) The Eleventh Circuit stated that Defendant could "re-file a motion for release pending appeal in the district court." (See id. at 2).

On December 17, 2018, Defendant filed the Motion pursuant to 18 U.S.C. § 3145(b).

II. STANDARD

Section 3145(b) provides in relevant part as follows: "If a person is ordered detained by a magistrate judge, ... the person may file, with the court having original jurisdiction over the offense, a motion for revocation or amendment of the order." 18 U.S.C. § 3145(b).

"District courts are required to review magistrate judges' detention orders de novo ." United States v. Lozano , No. 09-158, 2009 WL 3834081, at *1 (M.D. Ala. Nov. 16, 2009) (citing United States v. Hurtado , 779 F.2d 1467, 1481 (11th Cir. 1985) ). "Thus, in this case, the Magistrate Judge's findings cannot be afforded any deference." Id.

III. ANALYSIS

In the Motion, Defendant seeks to be released from custody pending his appeal. Defendant is proceeding on appeal and in this Motion without counsel. Therefore the Court has broadly construed the Motion and the relief sought. See Erickson v. Pardus , 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) ("A document filed pro se is 'to be liberally construed[ ]' ...." (quoting Estelle v. Gamble , 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) ) ).

*1239Detention or release of a person who has been convicted and sentenced and has filed an appeal is governed by 18 U.S.C. § 3143

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Bluebook (online)
361 F. Supp. 3d 1236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cropper-alnd-2019.