2requested that Joey Langston be assigned to home detention for this very purpose.
Exh.A, Order of J. Michael Mills, 1:08-cr-00003, Doc #: 45 (“The Government asserts that homedetention will facilitateall sides who need access to the defendant in related cases and that home detention would save the taxpayers money.”) The Court granted that request.
Doc #46 (modifying the order).Likewise here, if Petitioner is incarcerated in the county jails, it will unduly interferewith his ability to review the reams of pertinent documents and will make it undulydifficult for his attorneys to consult with him as they prepare for his hearing. Petitionermerely requests that he be detained in his ownhome during prehearing preparation and ina hotel in Aberdeen, Mississippi during the hearing. Other than travelling to and from thecourt and his attorneys’ offices, Petitioner will otherwise remain detained. He will take hismeals in the home, hotel, or attorneys’ workspaces.The Fifth Circuit has recognized that “incarceration and home detention are alternativepunishments.”
U.S. v. Ferguson,
369 F.3d 847, 850 (5
Cir,2004). Prior to a trial on themerits, it is common for a defendant to be altogether released on bail. “In a number of instances it hasbeen held, under the particular circumstances that the court had the power,pending determinationof a habeas corpus proceeding on the merits, toadmit the petitionerto bail[.]” 56 ALR 2d 668 §1. In
Levy v. Parker
, 396 U.S. 1204 (1969), Justice Douglas heldthat, although the district court, the court of appeals, and the circuit justice had all deniedbail, since the applicanthad raised “substantialissues” on appeal, he should be granted bailuntil the full court could pass on the application. In this Motion, Petitioner is not
Case: 3:09-cr-00002-GHD-SAA Doc #: 174 Filed: 03/12/12 2 of 4 PageID #: 1674