Case 8:09-cr-00572-JSM-TGW Document 291 Filed 03/02/11 Page 1 of 3 PageID 1873

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 8:09-CR-572-T-30TGW

MARK ANTHONY MYRIE

GOVERNMENT’S RESPONSE IN OPPOSITION TO DEFENDANT MYRIE’S

MOTION FOR BOND PENDING SENTENCING AND APPEAL

The United States of America, by its undersigned Assistant United States

Attorney, responds in opposition to the defendant’s Motion for Bond Pending

Sentencing and Appeal1 (Doc. #290) as follows:

In his pleading the defendant “renews his motion under Title 18, United States

Code, Section 3143(b) for an order releasing him from custodial confinement during the

pendency of his direct appeal.” The defendant’s motion is without merit and should be

denied.

In crafting his motion, the defendant wholly ignores the statutory mandates which

set forth the standards by which his motion for bond pending sentence is to be

determined. The applicable statute is Title 18, United States Code, Section 3143(a)(2),

which provides in pertinent part:

(2) The judicial officer shall order that a person who has
been found guilty of an offense in a case described in
subparagraph (A), (B), or (C) of subsection (f)(1) of section
3142 and is awaiting imposition or execution of sentence be
detained unless-

1
While detention is mandated pursuant to Title 18, United States Code, Section
3143(b)(2), the issue of bond on appeal is not ripe. The government addresses the
issue of bond pending sentence.
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(A)(i) the judicial officer finds there is a substantial likelihood

that a motion for acquittal or new trial will be granted.

The defendant stands convicted of Count One which is a controlled substances

offense for which the maximum term of imprisonment is ten years or more. See Title

18, United States Code, Section 3142(f)(1)(C). Detention, therefore, is mandated

absent a specific finding regarding acquittal or new trial as noted above. The defendant

has filed a motion seeking acquittal or new trial which, as the government will address in

its reply thereto, is due to be denied.2 The defendant’s position that the denial of these

motions would still entitle him to bond is contrary to the applicable law.

Consequently, the defendant’s motion for bond pending sentence should be

denied without further hearing.

Respectfully submitted,

ROBERT E. O’NEILL
United States Attorney

By: s/James C. Preston, Jr.

JAMES C. PRESTON, JR.
Assistant United States Attorney
Florida Bar No. 0383155
400 North Tampa Street, Suite 3200
Tampa, Florida 33602
Telephone: (813) 274-6000
Facsimile: (813) 274-6125
Email: james.preston@usdoj.gov

2
The government recognizes that the court’s familiarity with the facts of the case,
as well as its earlier rulings, may result in the denial of the defendant’s motion prior to
the completion of the government’s response to the motion.

2
Case 8:09-cr-00572-JSM-TGW Document 291 Filed 03/02/11 Page 3 of 3 PageID 1875

U.S. v. MARK ANTHONY MYRIE CASE NO. 8:09-CR-572-T-30TGW

CERTIFICATE OF SERVICE

I hereby certify that on March 2, 2011, I electronically filed the foregoing with the

Clerk of the Court by using the CM/ECF system which will send a notice of electronic

filing to the following:

David Oscar Markus, Esquire

s/James C. Preston, Jr.

JAMES C. PRESTON, JR.
Assistant United States Attorney
Florida Bar No. 0383155
400 North Tampa Street, Suite 3200
Tampa, Florida 33602
Telephone: (813) 274-6000
Facsimile: (813) 274-6125
Email: james.preston@usdoj.gov

3
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