Order on Motion for Extension of Self-Surrender Date as to Dejane Reaniece Lattany — USA v. Lattany (Dkt. 41, D. Colo.)

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U.S. District Court for the District of Colorado · No. 1:23-cr-00074-NYW · Doc. 41 · 2023-09-25 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLORADO 
Judge Nina Y. Wang 
 
Criminal Action No. 23-cr-00074-NYW-1 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
1. 
DEJANE REANIECE LATTANY, 
Defendant. 
 
 
ORDER ON MOTION FOR EXTENSION OF SELF-SURRENDER DATE 
 
 
This matter is before the Court on the Motion for Extension of Self-Surrender Date (or 
“Motion”) submitted, pro se,1 by Defendant Dejane Reaniece Lattany (“Defendant” or “Ms. 
Lattany”).  [Doc. 37].  On August 15, 2023, this Court sentenced Defendant to 48 months’ 
imprisonment, to be followed by three years of supervised release.  [Doc. 25 at 2; Doc. 27].  The 
Court ordered Ms. Lattany to self-surrender to federal custody on September 28, 2023 by 12:00 
p.m.  [Doc. 32].  
 
In her Motion, Ms. Lattany requests an extension of the self-surrender date through 
November 30, 2023.  [Doc. 37 at 1].  She states that she is a single mother of three young children 
and requires additional time to arrange for childcare for her children during her incarceration and 
to prepare her children for her absence.  [Id.].  She also states that she “has a series of court hearings 
to protect her children,” though she does not provide the dates of those hearings.  [Id. at 2].  In 
 
1 While Ms. Lattany’s Motion was submitted pro se, an attorney from the Office of the Federal 
Public Defender has since entered his appearance on her behalf.  See [Doc. 39]. 
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addition, she represents that she is scheduled to graduate from the University of Phoenix on 
October 7, 2023 and intends to participate in her graduation ceremony, which will be held in 
Anaheim, California.  [Id. at 2, 6].  Ms. Lattany also mentions that her former counsel “terminated 
their representation without providing [her] with crucial documents necessary for [her] case and 
appeal.”  [Id. at 2 (emphasis omitted)].   
 
The Government has responded to Ms. Lattany’s Motion.  See [Doc. 40].  The Government 
states that it “does not oppose a partial extension” of Ms. Lattany’s self-surrender date; 
specifically, the Government does not oppose a “short extension” of the self-surrender date to 
permit Ms. Lattany to arrange childcare, “but is not certain that an extension to November 30, 
2023 is merited.”  [Id. at 1–3].2   
“A request for a self-surrender date, or extension thereof, is a request for release on bail 
pending execution of sentence or pending appeal, as the case may be, under 18 U.S.C. § 3143.”  
United States v. Martinez, No. 23-50534, 2023 WL 5316497, at *1 (5th Cir. Aug. 14, 2023); see 
also United States v. Roeder, 807 F. App’x 157, 159 (3d Cir. 2020).  Under the statute,  
the judicial officer shall order that a person who has been found guilty of an offense 
and who is awaiting imposition or execution of sentence, other than a person for 
whom the applicable guideline promulgated pursuant to 28 U.S.C. 994 does not 
recommend a term of imprisonment, be detained, unless the judicial officer finds 
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) or (c). 
 
18 U.S.C. § 3143(a)(1).  Ms. Lattany argues in her Motion that she has complied with all conditions 
of pretrial release, has no history of failing to appear, and poses no risk to the community.  [Doc. 
37 at 3].  She asserts that her requested extension does not diminish the seriousness of her offense 
 
2 The Government states that it requested information regarding the timing of Ms. Lattany’s 
pending court hearings but had not received that information as of the time of filing its Response.  
[Doc. 40 at 3].   
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but will instead allow her to arrange childcare for her children and to “achieve important personal 
and academic milestones.”  [Id.].   
 
The Court finds, by clear and convincing evidence, that Ms. Lattany is not a flight risk or 
a danger to the community.  At the beginning of this case, Ms. Lattany was released on bond, 
subject to certain conditions of release.  [Doc. 7].  This Court continued Ms. Lattany’s bond after 
her change of plea, pending sentencing, see [Doc. 12 at 2], and also continued her bond after 
sentencing, pending her self-surrender.  [Doc. 25 at 2].  There have been no reports of any 
violations of the conditions of Ms. Lattany’s release.  Indeed, the Presentence Investigation Report 
(“PSR”) confirms that the defendant has complied with her conditions of supervision and has not 
incurred any new law violations.  [Doc. 22 at 3].  The PSR also demonstrates that Ms. Lattany has 
close familial relationships in Colorado, [id. at 14], and is a primary caretaker of her children.  [Id. 
at 15].  In addition, the Court notes that Ms. Lattany’s offenses were not crimes of violence.  
Finally, the Court notes that Ms. Lattany requests an extension of her self-surrender date for the 
purpose of, inter alia, arranging childcare for her children for her term of incarceration, 
representing that she “has a series of court hearings to protect her children.”  [Doc. 37 at 1–2]. 
 
The Court will GRANT Ms. Lattany’s Motion in part.  Although the Court finds good 
cause to extend Ms. Lattany’s self-surrender date to permit her to arrange childcare for her 
children, the Court is without sufficient information to justify the two-month extension requested 
by Defendant.  Accordingly, the Court will EXTEND Ms. Lattany’s self-surrender date by 30 
days, to October 30, 2023.  To the extent Ms. Lattany requires more time to attend the court 
hearings referenced in her Motion, she may request an additional extension of time through 
counsel.  Ms. Lattany remains subject to the conditions of release set forth in the Order 
Setting Conditions of Release.  [Doc. 7].  An amended Voluntary Surrender Order Supplementing 
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Judgment will issue with this Order.   
CONCLUSION 
For these reasons, it is ORDERED that:  
(1) 
The Motion for Extension of Self-Surrender Date [Doc. 37] is GRANTED in part; 
and 
(2) 
Defendant’s self-surrender date is EXTENDED to October 30, 2023, by 12:00 
p.m. 
 
 
DATED:  September 25, 2023 
 
 
BY THE COURT: 
 
 
 
 
 
 
 
 
 
_________________________ 
 
 
 
 
 
 
 
Nina Y. Wang  
 
 
 
 
 
 
 
United States District Judge 
 
 
 
 
 
 
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