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United States of America v. Chad Vincent Iacona

March 27, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CHAD VINCENT IACONA, DEFENDANT.



The opinion of the court was delivered by: Reagan, District Judge:

ORDER

A June 23, 2011, indictment charged Defendant Chad Vincent Iacona with Fraud in Connection with an Access Device, in violation of 18 U.S.C. §§ 1029(a)(2) and (c)(1)(A)(i). Iacona appeared pursuant to a summons and remained free on bond until trial commenced on November 28, 2011. During the intervening months, a superseding indictment was issued, adding a charge of Aggravated Identity Theft, a violation of 18 U.S.C. § 1028A, but Iacona remained on bond without incident. A jury convicted Iacona on both charges, but he was permitted remain free on bond pending sentencing. On March 8, 2012, Iacona was sentenced to a total of 39 months, and he was taken into custody at that time.

By motion dated March 15, 2012, Iacona moves for release pending resolution of his appeal (Doc. 58).*fn1 Iacona cites his zero criminal history score, his problem-free time on bond, even after being found guilty, and the fact that he is the sole financial support for his family. Iacona contends that, if successful, his appeal could result in a lesser term of imprisonment or a new trial. On appeal, Iacona challenges the determination of his relevant conduct, and the characterization of a credit card as a "form of identification (and the related jury instruction).

In response, the Government agrees that Iacona does not pose a serious risk of flight and he is not a danger to the community. However, citing 18 U.S.C. § 3143(b)(1), the Government argues that Iacona has not met his burden on showing that his appeal has merit, or that there is a close question of fact or law that would so much as impact his sentence (a mandatory minimum of 24 months).

In pertinent part, 18 U.S.C. § 3143 provides:

[T]he judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds-

(A) by clear and convincing evidence that the person is 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) of this title; and

(B) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in-

(i) reversal,

(ii) an order for a new trial,

(iii) a sentence that does not include a term of imprisonment, or

(iv) a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.

If the judicial officer makes such findings, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c) of this title, except that in the circumstance described in subparagraph (B)(iv) of this paragraph, the judicial officer shall order ...


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