United States v. Lewis Reed — Order (E.D. Mo., Doc. 60)

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An order filed August 22, 2022 as Doc. 60 in United States v. Lewis Reed, Case No. 4:22-cr-00297-SRC-2, in the U.S. District Court for the Eastern District of Missouri, Eastern Division. The court vacates the scheduled Frye hearing and status conference and sets a change-of-plea hearing for August 26, 2022 at 11:00 a.m. in Courtroom 3N. It states that the defendant will be detained at the conclusion of the hearing, as required by 18 U.S.C. § 3143, unless the defendant meets an exception to detention in that section. The order sets out those exceptions for defendants subject and not subject to mandatory detention, and notes that the exceptional reasons provision of 18 U.S.C. § 3145(c) does not apply to district judges. The signature block names United States District Judge Stephen R. Clark.

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     Case: 4:22-cr-00297-SRC Doc. #: 60 Filed: 08/22/22 Page: 1 of 2 PageID #: 223




                             UNITED STATES DISTRICT COURT
                             EASTERN DISTRICT OF MISSOURI
                                   EASTERN DIVISION

UNITED STATES OF AMERICA,                        )
                                                 )
                Plaintiff,                       )
                                                 )
         v.                                      )
                                                 )      Case No. 4:22-cr-00297-SRC-2
LEWIS REED,                                      )
                                                 )
                Defendant.                       )

                                             Order

         The Court vacates the Frye hearing and status conference set for August 23. On August

26, 2022 at 11:00 a.m., the Court will hold a change-of-plea hearing in Courtroom 3N.

Defendant will be detained at the conclusion of the hearing, as required by 18 U.S.C. § 3143,

unless Defendant meets an exception to detention set forth in the section 3143.

I.       Release or detention pending sentencing for convicted defendants not subject to
         mandatory detention.

         Defendants with convictions for which mandatory detention does not apply must be

detained, unless:

         1.     The U.S. Sentencing Guidelines do not recommend a term of imprisonment. 18
                U.S.C. § 3143(a)(1).

                or

         2.     Defendant proves by clear and convincing evidence that Defendant is not likely to
                flee or pose a danger to the safety of any other person or the community if
                released under section 3142(b) or (c). Id.; see also United States v. McDonald,
                4:20-cr-00070-SRC (E.D. Mo. April 23, 2021) (explaining 18 U.S.C. §
                3143(a)(1)’s clear-and-convincing-evidence standard); see also Fed. R. Crim. P.
                46(c) (“The burden of establishing that the defendant will not flee or pose a
                danger to any other person or the community rests with defendant.”).
  Case: 4:22-cr-00297-SRC Doc. #: 60 Filed: 08/22/22 Page: 2 of 2 PageID #: 224




II.    Release or detention pending sentencing for convicted defendants subject to
       mandatory detention.

       Defendants with convictions for which mandatory detention does apply must be detained

pending sentencing, unless:

       1.     a) The Court finds that there is a substantial likelihood that it will grant a
              judgment of acquittal or new trial; or

              b) The United States recommends no sentence of imprisonment be imposed. 18
              U.S.C. § 3143(a)(2)(A).

              and

       2.     Defendant proves by clear and convincing evidence that Defendant is not likely to
              flee or pose a danger to the safety of any other person or the community. Id. at §
              3143(a)(2)(B); see United States v. McDonald, 4:20-cr-00070-SRC (E.D. Mo.
              April 23, 2021); see also Fed. R. Crim. P. 46(c).

The Court further notes that the “exceptional reasons” provision of 18 U.S.C. § 3145(c) does not

apply to district judges. See United States v. Harry Hamm, 4:19-cr-00613, Doc. 95 (E.D. Mo.

April 27, 2021).


       So Ordered this 22nd day of August 2022.


                                                      STEPHEN R. CLARK
                                                      UNITED STATES DISTRICT JUDGE




                                                 2


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