Court filing

Motion for Reconsideration of Detention Order — U.S. v. Oudomsine

Filed November 24, 2021 in U.S. v. Oudomsine; one of 3 filings from this case.

Record facts

Court	U.S. District Court for the Southern District of Georgia (Dublin Division)
Filed	2021-11-24

U.S. District Court for the Southern District of Georgia (Dublin Division) · No. 3:21-cr-00013-DHB-BKE · Doc. 19 · 2021-11-24 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION

UNITED STATES OF AMERICA,
:

:
v.

:
CRIM. NO. 3:21-CR-00013-DHB-BKE

:
VINATH OUDOMSINE.

:
___________________________________

MOTION FOR RECONSIDERATION OF DETENTION ORDER
AND MEMORANDUM IN SUPPORT

VINATH OUDOMSINE, by and through Counsel, hereby moves this Court for
reconsideration of its Order to detain him until sentencing in the above-captioned matter following
his plea of guilty entered on October 28, 2021, showing the following:
STATEMENT OF FACTS

1.
On October 28, 2021, Mr. Oudomsine (knowing he was the target of a federal
prosecution and appearing voluntarily) waived his right to prosecution by indictment and
consented to prosecution by information.

2.
On the same day, he entered a plea of Guilty to Count One (1) of an Information
for violation of 18 U.S.C. § 1343.

3.
Following the plea colloquy, this Court, sua sponte, remanded him to the custody
of the United States Marshal, and he has since been detained at the Laurens County Detention
Center, 511 Southern Pines Road, Dublin, Georgia 31021.
ARGUMENT AND CITATION OF AUTHORITY

Release or detention pending sentencing is controlled by 18 U.S.C. § 3143(a). Section
(a)(1) of 3143 applies in this case as Mr. Oudomsine is not guilty of any of the crimes listed in
(a)(2).
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I.
MR. OUDOMSINE IS A FIRST TIME OFFENDER, IS NOT YET SCHEDULED TO
BE SENTENCED, AND MEETS THE CONDITIONS FOR RELEASE UNDER §
3143(a)(1) BECAUSE THE “OTHER THAN” EXCEPTION APPLIES TO HIS CASE.

Section 3143(a)(1) provides as follows:
Release or detention pending sentence.— (1) Except as provided in paragraph (2),
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). If the judicial officer makes such a finding, such judicial officer
shall order the release of the person in accordance with section 3142(b) or (c).

18 U.S.C. § 3143(a)(1) (emphasis added).
Mr. Oudomsine’s offense level falls into Zone B of the four sentencing zones. The base
offense level for §2B1.1 is 7, if “(A) the defendant was convicted of an offense referenced to this
guideline; and (B) that offense of conviction has a statutory maximum term of imprisonment of 20
years or more.” U.S. Sentencing Comm'n, Federal Sentencing Guidelines Manual § 2B1.1(a). If
the loss exceeded $6,500, the level is incrementally increased. Id. at § 2B1.1(b)(1). In this case,
the offense level for §2B1.1(b)(1) adds 6 to the current offense level of 7. Since Mr. Oudomsine
pled guilty and accepted responsibility for his offenses, he qualifies for a 2-level reduction.1
Therefore, Mr. Oudomsine’s offense level is 11. An offense level of 11 (with no prior criminal
history points) places Mr. Oudomsine into Zone B of the sentencing zones. The sentence range is
8-14 months. Id. at Part A – Sentencing Table.
Further, the guidelines state:
[i]f the applicable guideline range is in Zone B of the Sentencing Table, the
minimum term may be satisfied by—(2) a sentence of imprisonment that includes
a term of supervised release with a condition that substitutes community
confinement or home detention according to the schedule in subsection (e),
provided that at least one month is satisfied by imprisonment; or (3) a sentence of

1 Mr. Oudomsine does not qualify for the 3-level reduction since his offense level is less than 16.
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probation that includes a condition or combination of conditions that substitute
intermittent confinement, community confinement, or home detention for
imprisonment according to the schedule in subsection (e).

Id. at § 5C1.1(c)(2)-(3).
The schedule of substitute punishments allows for one day of home detention as a substitute
for one day of imprisonment. Id. at § 5C1.1(e)(3). Mr. Oudomsine will reach one month of
confinement on November 28, 2021, which could allow him to serve the remainder of his sentence
on supervised release with a condition that substitutes home detention in lieu of imprisonment
under § 5C1.1(c)(2). However, Mr. Oudomsine could also serve his sentence under home
confinement under § 5C1.1(c)(3) without any imprisonment. Further, the factors considered under
18 U.S.C. § 3553(a) will weigh heavily in favor of a sentence of probation.2 Since Mr.
Oudomsine’s sentence could be satisfied with a sentence of probation and home confinement, he
falls within the “other than” exception in 18 U.S.C. § 3143(a)(1).
II.
THERE IS CLEAR AND CONVINCING EVIDENCE THAT MR. OUDOMSINE WILL
NOT FLEE OR BE A DANGER.
Mr. Oudomsine is a nonviolent, first-time offender. He received and promptly responded
to a target letter from the federal government in relation to the present charges. Mr. Oudomsine
appeared voluntarily on October 28, 2021 to enter his guilty plea. His lack of criminal history,
stable residence with his parents, and strong family support and community ties support his release
pending sentencing. Further, Mr. Oudomsine has not previously been ordered detained pending a
trial or his plea in this case. He is able and willing to meet any condition or combination of
conditions of release until his sentencing. These conditions could include home confinement with
or without GPS monitoring by the U.S. Probation Office.

2 This is a nonviolent offense, and Mr. Oudomsine has no previous criminal history.
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CONCLUSION
By the time this Court addresses this motion, Mr. Oudomsine will have been detained in
Laurens County for more than a month. Mr. Oudomsine has seen firsthand where he could find
himself if he is not fully compliant with this Court’s requirements. He understands what will be
expected of him and respectfully requests that the Court release him and give him the opportunity
to demonstrate that compliance.

This 24th day of November, 2021.

/s/_C. Brian Jarrard______________

C. BRIAN JARRARD

Ga. Bar No. 389497

ATTORNEY FOR VINATH OUDOMSINE

Jarrard Law Group, LLC
4108 Arkwright Road, Suite 2
Macon, Georgia 31210
Office: (478) 477-0004
Fax: (478) 477-0014
brian@jarrardlawgroup.com

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CERTIFICATE OF SERVICE
I hereby certify that on the 24th day of November, 2021, I electronically filed the foregoing
with the Clerk of the Court using the CM/ECF system which will send notification of such filing
to any counsel of record registered on the CM/ECF system.