United States District Court, District of Columbia
ROSEMARY M. COLLYER United States District Judge
Lovo was convicted by a jury on May 28, 2014, on two criminal
counts: (1) Conspiracy to Interfere with Interstate Commerce
by Robbery in violation of 18 U.S.C. § 1951 (2012), and
(2) Using, Carrying, and Possessing a Firearm During a Crime
of Violence and Aiding and Abetting in violation of 18 U.S.C.
§ 924(c)(1) and (2). On March 26, 2015, this Court
sentenced him to a period of incarceration of 64 months on
Count One and a period of 60 months' incarceration on
Count Two, consecutive to Count One, as mandated. The Court
also imposed a period of post-incarceration supervised
release of 36 months on each Count to be served concurrently.
Judgment was entered on April 8, 2015. Mr. Lovo filed a
timely appeal on April 9, 2015. While that appeal was
pending, on December 23, 2016, Mr. Lovo filed a Motion for
Bail Pending Appeal [Dkt. 274], which the government opposed.
Opp'n [Dkt. 277]. The defendant did not file any reply.
After considering Mr. Lovo's arguments, the Court will
deny his motion for bail pending appeal, for the reasons
Lovo cites 18 U.S.C. § 3143(b) as authority for his
motion. See Mot. at 3. That statute governs release
pending appeal by a person who “has been found guilty
of an offense and sentenced to a term of imprisonment.”
The statute directs that release pending appeal is
appropriate if the Court finds:
(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 purpose of delay and raises a
substantial question of law or fact likely to result in-
(ii) an order for a new trial, . . . or
(iii) 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)(1) (2012). Mr. Lovo asserts
that he meets the standards in this statute and was not
convicted of an offense that implicates mandatory detention;
the United States opposes his motion on both grounds.
response, the government relies on 18 U.S.C. §
3143(b)(2), which mandates that a judicial officer order a
defendant be detained pending appeal when that defendant
“has been found guilty of an offense in a case
described in subparagraph (A), (B), or (C) of subsection
(f)(1) of section 3142 and sentenced to a term of
imprisonment.” Section 3142(f)(1)(A)-(C), in turn,
lists the following offenses:
(A) a crime of violence, a violation of section 1591, or an
offense listed in section 2332b(g)(5)(B) for which a maximum
term of imprisonment of 10 years or more is prescribed;
(B) an offense for which the maximum sentence is life
imprisonment or death; [or]
(C) an offense for which a maximum term of imprisonment of
ten years of more is prescribed in the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances Import
and Export Act (21 ...