Order Denying Reconsideration of Detention — US v. Oudomsine

Record facts

U.S. District Court for the Southern District of Georgia, Dublin Division · No. 3:21-cr-00013-DHB-BKE · Doc. 21 · 2021-12-29 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF GEORGIA 
DUBLIN DIVISION 
 
 
UNITED STATES OF AMERICA  
 
* 
 
 
 
 
 
 
* 
 
v. 
 
 
 
 
 
* 
CR 321-013 
 
 
 
 
 
 
 
* 
 
VINATH OUDOMSINE 
 
 
 
* 
 
 
 
 
                       
   O R D E R 
         
 
 
 
On October 28, 2021, the Court accepted the guilty plea of 
Defendant Vinath Oudomsine to one count of wire fraud, a violation 
of 18 U.S.C. § 1343.  During the plea colloquy, Defendant admitted 
the following facts:  That he obtained Economic Injury Disaster 
Loan (“EIDL”) proceeds under false and misleading pretenses by 
application to the Small Business Administration on July 14, 2020.  
That through his false representations in his EIDL application, 
Defendant received $85,000.  And, that Defendant used the bulk of 
the proceeds of his crime to purchase a collector’s Pokémon card 
for $57,789.  As part of his plea agreement, Defendant agreed to 
forfeit his interest in any property constituting, or derived from, 
the proceeds of his crime.  (Doc. No. 11, ¶ 8(a).)  He further 
agreed to “take all steps requested by the government to facilitate 
transfer of title” of the property to the Government.  (Id. ¶ 
8(b).)  In fact, FBI Special Agent Marcus Kirkland testified that 
Case 3:21-cr-00013-DHB-BKE   Document 21   Filed 12/29/21   Page 1 of 3

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the Pokémon card, which is subject to the consented forfeiture, 
was in the possession of Defendant’s relative in Atlanta, Georgia, 
and that Defendant committed to retrieve the Pokémon card and 
surrender it to the Government.  Defendant has offered no 
explanation for his failure to do so.   
 
At the conclusion of the plea colloquy, the Court denied bond 
and remanded Defendant to the custody of the United States Marshal.  
At present, Defendant moves for reconsideration of the denial of 
bond.   
 
Release pending sentencing in this case is governed by 18 
U.S.C. § 3143(a)(1), which provides that the Court “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 . . 
. .”  The statute provides an exception to this mandate if the 
Court “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.”  Id.  Through his motion for 
reconsideration, Defendant asks the Court to consider the 
exception that his applicable guideline range “does not recommend 
a term of imprisonment.”  In fact, the applicable guideline range 
as calculated by Defendant is 8 to 14 months, if Defendant receives 
a 
two-level 
offense 
level 
reduction 
for 
acceptance 
of 
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responsibility.  (See Def.’s Mot. for Reconsideration, Doc. No. 
19, at 2.)   
 
Under the circumstances outlined above, the acceptance of 
responsibility reduction is not a foregone conclusion.  But even 
with acceptance of responsibility, the guideline range calls for 
a term of imprisonment.  Thus, the exception to detention invoked 
by Defendant does not apply.  Moreover, the Court is by no means 
convinced that Defendant is not presently engaged in criminal 
activity through his failure to retrieve and surrender the Pokémon 
card from the possession of a relative.  
 
In short, Defendant is not entitled to bond pending 
sentencing.  Accordingly, his motion for reconsideration (doc. no. 
19) is hereby DENIED. 
   
 
ORDER ENTERED at Augusta, Georgia, this 29th day of December, 
2021. 
 
 
 
 
 
 
____________________________ 
 
 
UNITED STATES DISTRICT JUDGE 
 
Case 3:21-cr-00013-DHB-BKE   Document 21   Filed 12/29/21   Page 3 of 3

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