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Motion for Release Pending Sentencing in Accordance with 18 U.S.C. § 3142(c) — United States v. Mirza Michael Reazuddin, No. 23-cr-00067-BP (Dkt. 45, W.D. Mo.)

Summary

A defense motion in United States v. Mirza Michael Reazuddin, Case No. 23-cr-00067-BP, in the U.S. District Court for the Western District of Missouri, asks the Court to release Reazuddin from custody pending sentencing under 18 U.S.C. § 3142. It states that Reazuddin was arrested in Georgia on 4/4/2023, that Chief Judge Beth Phillips affirmed detention on 8/25/2023, and that Reazuddin pleaded guilty on 2/5/2024 to counts 4 and 5 and awaits sentencing on June 26th, 2024. The defense expects to seek an offense level of 17 and a sentence of 24-30 months. As changed circumstances it cites meetings with the prosecutor and IRS investigators, an agreed forfeiture of real property in Georgia, very limited funds, and declining health at age 67 while in custody at Leavenworth. The motion asks for a hearing and for release to an extended-stay hotel in Kansas City, Missouri.

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Full text

                       IN THE UNITED STATES DISTRICT COURT
                      FOR THE WESTERN DISTRICT OF MISSOURI


UNITED STATES OF AMERICA,
Plaintiff,
v.                                                            Case No. 23-cr-00067-BP


MIRZA MICHAEL REAZUDDIN,
Defendant.

     MOTION FOR RELEASE PENDING SENTENCING IN ACCORDANCE WITH
                                        18 U.S.C. § 3142(c)

       COMES NOW the Defendant, by and through counsel, David McDonald, in accordance

with the Federal Rules of Criminal Procedure, hereby mores the court for his release from

custody in accordance with 18 U.S.C. § 3142. In support of this motion, the defense states as

follows:

                                         BACKGROUND

       The Defendant was initially arrested in Georgia on 4/4/2023. His detention was ordered

by the local magistrate judge and continues until today. Pervious defense counsel filed a motion

to reconsider the prior detention order on 6/29/23 which was denied. The defense than appealed

the order denying the motion to reconsider detention. Chief Judge Beth Phillips then reviewed

the issue of detention de novo and affirmed the detention order on 8/25/2023. The Defendant

then retained current counsel in November of 2023.

       The defense and prosecution negotiated a resolution to the matter in December of 2023.

Prior to entering of his plea, but after agreeing to the terms of it, the Defendant sat down with the

Assistant United States Attorney and the Internal Revenue Service investigators involved in this

case to answer questions and give additional information. The Defendant then entered into Guilty
pleas in this case on 2/5/2024 to counts 4 and 5 only. Upon entry of the plea, the defense brought

medical concerns to the Courts attention and asked for release pending sentencing. The Court

requested a formal motion before conducting a hearing on the Defendant’s request for release.

The Defendant executed medical releases on 2/6/2024 and began collecting at that time. The

Defendant has since completed his presentence investigation interview and is awaiting

sentencing on June 26th, 2024.

       Although the presentence investigation report has not yet been adopted by the Court, it is

contemplated that the defendant’s exposure will be at an offense level of 22. The Defense will

request a sentence reduction of at least 5 points. With 3 points being for acceptance or

responsibility and 2 points for being a zero-point offender. This would result in an offense level

of 17 and a level I criminal history resulting in a proposed sentence of 24-30 months of

incarceration. The defendant has been in custody for approximately a year and is currently held

in the Leavenworth prison in Leavenworth, Kansas.

                         PERVIOUS GROUNDS FOR DETENTION

       The defendant’s detention was initially order by Hon. Russell Vinyard, Chief Magistrate

Judge out of the Northern District of Georgia. In ordering the Defendant detained, Judge

Vinyard stated, “[Defendant] has a prior conviction for providing a false identification to an

officer and a history of fleeing from officers who came to his home in response to a domestic

violence incident. There is an active warrant for his arrest for simple assault and when officers

attempted to arrest him today, he was found hiding in the trunk of a car. He has substantial assets

and proceeds of fraud have not been recovered.”

       The Hon. Chief Judge Phillips echoed Judge Vinyard’s statements when she upheld the

Defendant’s detention on August 25th, 2023. The Court stated, “In short, Defendant has a history
of evading the authorities, and now allegedly has access to significant funds. The Court is not

persuaded it can impose conditions that will assure Defendant’s presence at future proceedings.”



       MATERIAL CHANGES IN CIRCUMSTANCES CONCERNING RELEASE

   a. Cooperation with Authorities:

       The Court has repeatedly referenced the Defendant evading authorities in ordering the

   Defendant detained. While it remains true that the defendant has, in the past, evaded

   authorities and the criminal justice system, it does not remain true today. Immediately after

   current counsel reviewed the discovery with the Defendant, the Defendant desired to resolve

   his case by entering a plea and has since done that. The Defendant also now met with the

   IRS agents investigating this case and the AUSA of record and offered to provide any

   cooperation requested.

       Current Defense Counsel, David McDonald, has also been retained to represent the

   Defendant with his assault case out of Johnson County. The defendant’s bond is minimal in

   the assault case out of Johnson County. Upon release from incarceration in this case, the

   Defendant will surrender, post bond and set the Johnson County assault case for trial. The

   Defendant, with the assistance of Counsel is no longer running from or evading the criminal

   justice system.

   b. Lack of Access to Funds:

       In denying the Defendant’s previous requests for release, the Court has referenced the

   Defendant having access to significant funds as a concern. This is not the case. As part of

   entering his plea in this case, the Defendant agreed to a forfeiture action of his real property

   in Georgia and the government has since filed a lis pendens action concerning the property.
    The Defendant is also going though a divorce in 23CV2226 out of Johnson County. In

this case, there is a temporary order concerning finances. As part of the pre-sentence

investigation, it was disclosed that the defendant has very limited funds. It is the hope of the

defense that the Georgia real property will cover any amount owed by the defendant to the

victim/government as part of the sentence in this case.

c. Urgent Medical Concerns:

   The Defendant is 67 years of age and has a significant health history which includes;

hypertension, cardiomyopathy, right side heart failure and a history of pulmonary embolus.

Prior to his incarceration, the Defendant was seeing Dr. Sosland regularly for follow up visits

and testing. Dr. Sosland indicates in the attached letter that, “Since he does have a significant

cardiac history it is important to monitor the patient’s symptoms carefully and if needed,

have access to medical treatment in a timely manner.”

   Since his incarceration, the Defendant’s health has declined to the point he is concerned

he will lose his leg due to atrophy. His right leg has turned black and scaly. The defendant

reports that he has been told that amputation is likely if he is not able to be released and

receive the proper treatment for his declining health. The defense has only recently received

the Defendant’s medical records from the Leavenworth BOP. The Defense anticipates

issuing a subpoena for the Defendant’s treating physician at Leavenworth BOP so that more

light can be shown on the Defendant’s health concerns.

   The Defendant has never been incarcerated like this and his mental and physical health

are drastically declining as a result. Over the last 90 days, the defendant has started

struggling with walking and now walks with a significant limp. He has also shown signs of
dementia or of memory loss. He has started stopping midsentence and has no recollection

what was even being discussed. It is quite sad really.



                                       RELEASE PLAN:



   The Defendant is requesting release in accordance with 18 U.S. Code § 3142 (2) on a

condition or combination of conditions that the Court sees fit. The Defendant has resided in

the Kanss City metro area for many years. He has owned a home at 6012 W 142nd st,

Overland Park, KS since 2017. However, he is not allowed to return to this property as

possession of it has temporarily be granted to his estranged wife. If the Defendant is granted

release, he will be residing at the Extended Stay America – County Club Plaza located at

4535 Main St., Kansas City, Missouri 64111.

   Once released, the Defendant will immediately begin treatment for his multiple health

ailments. He will engage with Dr. Sosland and seek additional help concerning his mental

health lapses. If released, he will attend Court in Johnson County, Kansas where his divorce

proceedings are ongoing and meet regularly with his attorneys.

   The Defendant will not be without help if he is released. The Defendant has three adult

children and an ex-wife/mother of children who are all actively involved in his life. The

Defendant’s oldest Daughter, Sabrina Uddin is a practicing dermatologist in Southern

California. The Defendant’s other daughter, Sara has attended medical school and is

currently working outside of Chicago. The Defendant has an adult son who has severe

disabilities who would benefit greatly from seeing his farther in person.
       WHEREFORE, the defense humbly requests the Court set this matter for a hearing and

eventually release the Defendant in accordance with 18 U.S. Code § 3142 (2).



                                                   Respectfully submitted,

                                                    /s/ __________________
                                                   David McDonald, KS#24434, MO#74073
                                                   100 East Park Street – Suite 8
                                                   Olathe, KS 66061
                                                   Ph: (913) 210-0844
                                                   dave@riveralawoffice.com
                                                   Attorney for the Defendant
                              CERTIFICATE OF SERVICE

       I, David McDonald, hereby certify that a copy of the above and foregoing Motion was
served on the prosecution, by electronic the date of filing.

                                          ___/s/___________________________
                                          David McDonald


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