United States v. Hallinan

318 F. Supp. 3d 728
CourtDistrict Court, E.D. Pennsylvania
DecidedJuly 25, 2018
DocketCRIMINAL ACTION NO. 16-130-01
StatusPublished

This text of 318 F. Supp. 3d 728 (United States v. Hallinan) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Hallinan, 318 F. Supp. 3d 728 (E.D. Pa. 2018).

Opinion

EDUARDO C. ROBRENO, J.

Following a jury trial, Defendant Charles M. Hallinan was convicted of conspiracy to violate the Racketeer Influenced and Corrupt Organization ("RICO") Act, conspiracy to commit fraud, mail fraud, wire fraud, and money laundering, and sentenced to 168 months of imprisonment. At the sentencing hearing, the Court determined that Hallinan presented a risk of flight, but allowed Hallinan to self-report to the Bureau of Prisons ten days following the sentencing hearing on the basis of stringent, temporary conditions imposed by the Court to secure his appearance. Hallinan has filed a notice of appeal from his conviction and sentence, and now seeks bail pending his appeal.1 The Government opposes the motion. Following a hearing and for the reasons set forth below, the Court will deny the motion.

*731I. PROCEDURAL HISTORY

On March 31, 2016, Hallinan was indicted by a grand jury on two counts of conspiracy to violate the RICO Act in violation of 18 U.S.C. § 1962(d), one count of conspiracy to commit fraud in violation of 18 U.S.C. § 371, two counts of mail fraud and aiding and abetting mail fraud in violation of 18 U.S.C. §§ 1341 and 2, three counts of wire fraud and aiding and abetting wire fraud in violation of 18 U.S.C. §§ 1343 and 2, and nine counts of money laundering in violation of 18 U.S.C. § 1956(a)(2). ECF No. 1. Hallinan's co-defendant Randall P. Ginger was indicted on the same charges, and Hallinan's co-defendant Wheeler K. Neff was indicted on all of the same charges except money laundering. See id. A second grand jury was later empaneled and returned a superseding indictment on December 1, 2016. ECF No. 87.

Hallinan and Neff filed a motion to dismiss the charges against them on February 8, 2017, ECF No. 149, which the Court denied on August 15, 2017, ECF No. 203. A jury trial commenced on September 26, 2017, against Hallinan and Neff.2

On November 27, 2017, the jury returned a guilty verdict against both Defendants on all counts of the superseding indictment. On July 6, 2018, following a hearing, the Court sentenced Hallinan to 168 months of imprisonment on Counts One, Two, and Four through Seventeen of the superseding indictment, and 60 months of imprisonment on Count Three, to run concurrently. ECF No. 505.

On July 10, 2018, Hallinan filed a notice of appeal from the judgment. ECF No. 509. The same day, Hallinan filed an emergency motion for bail pending appeal, which asserts that (1) Hallinan must be released immediately because the Bureau of Prisons cannot adequately treat his bladder and prostate cancer ; and (2) Hallinan should be granted bail pending appeal because he is not a risk of flight or danger to the community, and there are substantial issues on appeal for which a reversal, new trial, or resentencing is likely. ECF No. 510. Regarding the substantial issues on appeal, Hallinan asserts that (1) the Court erred when it permitted the Government to use a privileged email at trial on the basis of the crime-fraud exception; (2) the Court failed to adequately account for Hallinan's medical conditions during sentencing, and inappropriately considered ex parte communications;3 and (3) the Court *732failed to instruct the jury on willfulness for the RICO counts in light of Hallinan's good faith defense. See id.

The Government filed a response in opposition on July 18, 2018. ECF No. 519. The Court held a hearing on July 23, 2018, and is now ready to rule on the motion.

II. LEGAL STANDARD

"A person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal ... [must] be detained," unless the Court determines:

(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)4 or (c)5 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.

18 U.S.C. § 3143(b).

The Third Circuit has established a four part test that must be satisfied in order for the court to grant bail pending appeal:

(1) that the defendant is not likely to flee or pose a danger to the safety of any other person or the community if released;
(2) that the appeal is not for purpose of delay;
(3) that the appeal raises a substantial question of law or fact; and
(4) that if that substantial question is determined favorably to defendant on appeal, that decision is likely to result in reversal or an order for a new trial of all counts on which imprisonment has been imposed.

United States v. Zaverukha, No. 94-515-01, 2001 WL 873214, at *1 (E.D. Pa. May 14, 2001) (quoting United States v. Miller, 753 F.2d 19, 24 (3d Cir. 1985) ). The defendant has the burden of proving each of these elements.

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Cite This Page — Counsel Stack

Bluebook (online)
318 F. Supp. 3d 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hallinan-paed-2018.