Order — No. 3:20-cr-00435 (Dkt. 215, W.D.N.C.)

Summary

An order in United States v. Tarik Freitekh, Case No. 3:20-CR-00435-FDW, in the U.S. District Court for the Western District of North Carolina, Charlotte Division, filed September 13, 2023 as Document 215 (2 pages) and signed September 12, 2023. It addresses the defendant's Motion for Release from Custody Pending Appeal (Doc. Nos. 205, 206) under 18 U.S.C. § 3143(b)(1), which the United States opposes (Doc. No. 209). Because an issue first raised in the defendant's reply (Doc. No. 214) was not addressed in the opposition, the Court orders the United States to file a response to that issue no later than October 3, 2023.

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                          UNITED STATES DISTRICT COURT
                       WESTERN DISTRICT OF NORTH CAROLINA
                              CHARLOTTE DIVISION
                            CASE NO. 3:20-CR-00435-FDW

 UNITED STATES OF AMERICA                                )
                                                         )
                         v.                              )
                                                         )                     ORDER
 TARIK FREITEKH,                                         )
                                                         )
       Defendant.                                        )
                                                         )

        THIS MATTER is before the Court on Defendant’s Motion for Release from Custody

Pending Appeal and Memorandum in Support, (Doc. Nos. 205, 206), pursuant to 18 U.S.C.

§ 3143(b)(1) asserting Defendant “would not constitute a danger to the safety of any other person

or the community upon release” and “Defendant’s appeal raises a substantial question of law or

fact likely to result in a reversal of the conviction or an order for a new trial.” (Doc. No. 205, p. 2).

Specifically, Defendant argues his offenses “were the product of unique circumstances when his

family faced ruin in the pandemic” making him unlikely to reoffend. (Doc. No. 206, p. 7). The

United States, by and through its attorneys, responded to the instant motion opposing the release

of Defendant pending appeal, (Doc. No. 209), noting this Court’s finding that Defendant “was a

flight risk, and a danger to the community” and the Court’s decision to detain Defendant pending

sentencing. (Doc. No. 209, p. 7). Defendant replied, (Doc. No. 214), raising the issue of

Defendant’s physical health as a factor mitigating Defendant’s risk to the community.

        Because the issue of Defendant’s health was first raised in Defendant’s Reply in Support

of Defendant’s Motion for Release Pending Appeal, the Court now orders the United States to file

a response addressing and/or asserting any applicable arguments directed to Defendant’s newly

raised issue of deteriorating health. Such response shall be filed no later than October 3, 2023.



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      Case 3:20-cr-00435-FDW-DCK Document 215 Filed 09/13/23 Page 1 of 2
IT IS SO ORDERED.




                               Signed: September 12, 2023




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   Case 3:20-cr-00435-FDW-DCK Document 215 Filed 09/13/23 Page 2 of 2


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