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Home Source documents Motion to Vacate Order Granting Release from Custody Pending Appeal — United States v. Michael R. Capps, No. 6:21-cr-10073-EFM (Dkt. 225, D. Kan.)

Motion to Vacate Order Granting Release from Custody Pending Appeal — United States v. Michael R. Capps, No. 6:21-cr-10073-EFM (Dkt. 225, D. Kan.)

Summary

Michael R. Capps, acting pro se, asks the District of Kansas in Case No. 6:21-cr-10073-EFM to vacate its Memorandum and Order of June 23, 2023 that granted release from custody pending appeal. The motion says the Tenth Circuit issued a mandate on October 24, 2024 affirming the judgment and concluding the direct appeal, so release pending appeal is no longer needed. Capps states a readiness to comply with the sentence and asks that the Bureau of Prisons be allowed to implement it immediately. The motion is dated October 27, 2024.

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Full text

                             IN THE UNITED STATES DISTRICT COURT
                                  FOR THE DISTRICT OF KANSAS
                                       (WICHITA DOCKET)

THE UNITED STATES OF AMERICA,          )
                                       )
                    Plainti;,          )              Case No. 6:21-cr-10073-EFM
                                       )
v.                                     )
                                       )
MICHAEL R. CAPPS,                      )
                                       )
                    Defendant,         )
_______________________________________)

           Motion to Vacate Order Granting Release from Custody Pending Appeal

       COMES NOW the Defendant, Michael R. Capps, pro se, hereby respectfully moves this

Court to vacate its Memorandum and Order (Doc. 121) issued on June 23, 2023, which granted the

Defendant's Motion for Release from Custody Pending Appeal. In support of this motion,

Defendant-Appellant asserts the following:

                                      Procedural Background

   On June 23, 2023, this Court issued a Memorandum and Order granting Defendant's Motion for

Release from Custody Pending Appeal (Document No. 115). The Court based its decision on

findings that Defendant was not a flight risk, did not pose a danger to the community, and that the

appeal raised a substantial question of law which could result in a new trial.

                                 Rationale for Vacating the Order

   A. Change in Circumstances:

   1. Conclusion of the Appeal Process

       Mandate Issued: On October 24, 2024, the Tenth Circuit Court of Appeals issued a

       mandate, affirming the district court's judgment and concluding the Defendant's direct
       appeal. This final decision resolves current appellate issues, eliminating the need for the

       previous order releasing the Defendant pending appeal.

   2. Voluntary Compliance: The Defendant voluntarily acknowledges the appellate court's

       decision and is prepared to comply with the sentence imposed by the district court.

       Consequently, the need for release pending appeal no longer exists, and Defendant seeks to

       commence the sentence as ordered.

   B. Interests of Justice

   1. Vacating the previous order allows the Bureau of Prisons to proceed with the execution of

       the district court's sentence. This action aligns with the principles of judicial finality and

       ensures the proper administration of justice, honoring both the appellate court's mandate and

       the original sentencing order.

                                              Conclusion

   WHEREFORE, for the reasons stated, Defendant-Appellant respectfully requests that this Court

vacate the order granting release from custody pending appeal and permit the Bureau of Prisons to

implement the sentence of the court immediately.


DATED:        October 27, 2024

Respectfully submitted,



__________________________________
Michael Capps
Defendant, pro se
                                  CERTIFICATE OF SERVICE

        I certify that on the 27th day of October 2024, the foregoing was electrically filed with the
Clerk of the Court using the CM/ECF system, which will send a notice to all parties receiving
notices electronically.

__________________________________
Michael Capps
Defendant, pro se


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