Order — No. 3:19-cr-00065 (Dkt. 473, N.D. Miss.)

Summary

An order in United States v. Darrell Steele, No. 3:19-CR-65-12, in the U.S. District Court for the Northern District of Mississippi, filed June 28, 2022 as Doc. 473 (2 pages) and signed by Judge Debra M. Brown. The Court denies the defendant's motion for reconsideration [472] of its June 27, 2022 denial of an emergency non-transfer furlough. It explains that he is in the district only on a writ of habeas corpus ad prosequendum and has not shown he obtained release relief from the court in the jurisdiction from which he was transferred. The order adds that an alternative request for an escorted trip would be denied even if that showing were made.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

       Case: 3:19-cr-00065-DMB-RP Doc #: 473 Filed: 06/28/22 1 of 2 PageID #: 1933




                       IN THE UNITED STATES DISTRICT COURT
                     FOR THE NORTHERN DISTRICT OF MISSISSIPPI

UNITED STATES OF AMERICA

V.                                                                                NO. 3:19-CR-65-12

DARRELL STEELE


                                               ORDER

          On June 27, 2022, this Court denied Darrell Steele’s motion for “an emergency non-

transfer furlough” to attend his mother’s funeral in Meridian, Mississippi, on June 29 because

Steele is only in custody in this district on a writ of habeas corpus ad prosequendum and had not

indicated whether he obtained a separate order from the transferring jurisdiction temporarily

releasing him to attend the funeral.       Doc. #471 at 1–2.       The next day, Steele moved for

reconsideration, arguing that (1) he “was not serving a state sentence” but was arrested on a

pending felon-in-possession charge in the United States District Court for the Southern District of

Mississippi; (2) “[p]ursuant to 28 CFR part 551, Subpart J, the Warden ‘may not grant a furlough

or participation in any other community program to a pretrial inmate except by court order;’” and

(3) he “should be allowed to attend his mother’s funeral for compassionate and humanitarian

reasons during the period of his loss.” Doc. #472. Steele represents that “the Government’s

position was ‘to submit to the court’s discretion.’” Id. at 1.

          Regardless of whether Steele was in custody on state or federal charges at the time he was

brought to the Northern District of Mississippi, the fact remains that he is in this federal district on

a writ of habeas corpus ad prosequendum. For that reason—since he is only “on loan” 1 to this

district—this Court did not need to address the issue of his detention upon his arrival here. See


1
    United States v. Lemus-Rodriguez, 495 F. App’x 723, 725–26 (7th Cir. 2012).
     Case: 3:19-cr-00065-DMB-RP Doc #: 473 Filed: 06/28/22 2 of 2 PageID #: 1934




Doc. #347 (“Detention hearing not set at this time, [Steele] here on a writ so bond not an issue at

this time.”). So without Steele showing that he has obtained release relief from the court in the

jurisdiction from which he was transferred under the writ, there is still no point in this Court

considering the grant of temporary release.2 Doc. #471 at 2 (citing United States v. Almazan, No.

19-CR-318, 2020 WL 3490380, at *1 (W.D. Tex. June 26, 2020)).

         Even if Steele presented such proof to this Court, Steele’s alternative request for an

escorted trip to the funeral would be denied. While the Court normally would be willing to permit

the United States Marshal Service (“USMS”) to transport Steele for a private viewing at the funeral

home so long as only those present would be Steele, USMS personnel, the funeral director, and

the deceased, and the cost of such transportation is paid in advance to the USMS, 3 the Court would

not be inclined to do so for safety concerns. 4 Accordingly, Steele’s motion for reconsideration

[472] is DENIED.

         SO ORDERED, this 28th day of June, 2022.

                                                                /s/Debra M. Brown
                                                                UNITED STATES DISTRICT JUDGE




2
  “[A]ttending the funeral of one’s [mother] is plainly a compelling reason” under 18 U.S.C. § 3142(i). Almazan,
2020 WL 3490380, at *1 (internal quotation marks omitted). But given the length of detention Steele is facing if
convicted and his prior criminal history—including participation in criminal activity while on probation, parole, or
supervision—temporary release is not warranted. See United States v. Steele, No. 3:20-CR-18, at Doc. #40 (S.D.
Miss. Nov. 27, 2020) (government’s motion to stay indicating Steele’s charges in this Northern District “carry
potential maximum penalties of 20 years in Count 1 and 10 years in Count 5” and his charge in the Southern District
“carries a maximum potential penalty of 10 years in prison”); id. at Doc. #24 (detention order noting criminal history);
see also Almazan, 2020 WL 3490380, at *1 (denying temporary release to attend father’s funeral where defendant
was facing potential ten-year sentence and mandatory deportation if convicted).
3
 The associated costs would be for round-trip mileage to and from the funeral home and a minimum of two Deputy
Marshals at an hourly rate.
4
 Since the motion for reconsideration was filed, the Court learned of an April 2022 altercation at the facility in this
district where Steele was being held during which Steele is reported to have assaulted correctional officers.


                                                           2


File and source

File

473.pdf

Size

293,143 bytes

SHA-256

f6ebd8daf8481f6a6917aaeaea9a2f5b5681ff66f1be55535771428082f70fa9

Our copy

473.pdf

Original

No public link identified.