Order on Motion to Modify Self-Surrender Order by Judge Nina Y. Wang — USA v. Lattany (Dkt. 44, D. Colo.)

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U.S. District Court for the District of Colorado · No. 1:23-cr-00074-NYW · Doc. 44 · 2023-10-27 · 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 TO MODIFY SELF-SURRENDER ORDER 
 
 
This matter is before the Court on the Motion to Modify Self-Surrender Order (the 
“Motion”) filed, through counsel, by Defendant Dejane Reaniece Lattany (“Defendant” or “Ms. 
Lattany”).  [Doc. 43].  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].  Then, on September 19, 2023, Ms. Lattany moved pro se to extend the self-
surrender date to November 30, 2023.  See [Doc. 37].  This Court granted Ms. Lattany’s request 
in part.  See [Doc. 41 at 4].  It concluded that it was without sufficient information to justify the 
requested two-month extension but nevertheless found good cause to extend the self-surrender 
date to October 30, 2023.  [Id. at 3–4].    
 
In the instant Motion, now represented by counsel, Ms. Lattany requests another extension 
of the self-surrender date, to November 30, 2023.  [Doc. 43 at 1].  In support of her request, she 
states that she is “still addressing many of the same challenges she was facing when she filed her 
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original request to extend her self-surrender date,” namely, Ms. Lattany remains in the process of 
setting up childcare and living arrangements for her three children during her period of 
incarceration.  [Id. at 3].  She also states that she is in the process of taking her youngest child off 
of breastfeeding.  [Id.].  She represents to the Court that the state court proceedings discussed in 
her first motion have concluded, but she is currently “facing . . . the forfeiture of her home” and is 
currently navigating that process.  [Id.].  Ms. Lattany represents that she “feels very comfortable 
with a November 30, 2023 self-surrender date and does not foresee any future requests to extend 
this date.”  [Id.].  She also represents that the Government takes no position on the Motion.  [Id. at 
4].  
“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 asserts in her Motion that she has complied with all conditions 
of pretrial release, has no history of failing to appear, has not incurred any new law violations, has 
no history of violence, and poses no risk to the community.  [Doc. 41 at 3–4].  She requests that 
the Court find by clear and convincing evidence that she is not likely to flee and is not a danger to 
the community.  [Id. at 4]. 
 
The Court finds, by clear and convincing evidence, that Ms. Lattany is not a flight risk or 
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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 Ms. Lattany 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.   
 
For these reasons, the Motion to Modify Self-Surrender Order is GRANTED.  The self-
surrender date is EXTENDED to November 30, 2023 at 12:00 p.m.  However, Ms. Lattany is 
expressly advised that this Court is not inclined to grant any further extensions of the self-
surrender date absent extraordinary circumstances, as Ms. Lattany has been on notice since 
her Change of Plea hearing on April 26, 2023 that she was likely facing a term of incarceration.   
 
It is further ORDERED that Ms. Lattany remains subject to the conditions of release set 
forth in the Order Setting Conditions of Release.  See [Doc. 7].  A Second Amended Voluntary 
Surrender Order Supplementing Judgment will issue with this Order.   
 
 
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CONCLUSION 
For the reasons set forth herein, it is ORDERED that:  
(1) 
The Motion to Modify Self-Surrender Order [Doc. 43] is GRANTED; and 
(2) 
Defendant’s self-surrender date is EXTENDED to November 30, 2023, by 12:00 
p.m. 
 
 
DATED:  October 27, 2023  
 
 
BY THE COURT: 
 
 
 
 
 
 
 
 
 
_________________________ 
 
 
 
 
 
 
 
Nina Y. Wang  
 
 
 
 
 
 
 
United States District Judge 
 
 
 
 
 
 
 
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