United States District Court, C.D. Illinois, Springfield Division
MYERSCOUGH, UNITED STATES DISTRICT JUDGE
matter is before the Court on Defendant Gregory Toran's
Motion for Stay of Sentence (d/e 241). Defendant asserts
that, when balancing Defendant's health and the potential
consequences of his incarceration at the facility designated
by the Bureau of Prisons (BOP) with the factors of 18 U.S.C.
§ 3143(b)(1), the Court should stay the execution of
Defendant's sentence pending his appeal. The Government
objects, stating Defendant has not supported his claim with
medical or other evidence and has not demonstrated that the
appeal raises substantial questions of law or fact.
February 27, 2017, the Court held a hearing on
Defendant's Motion. For the reasons that follow, the
Motion is DENIED.
2016, following a bench trial, this Court found Defendant
guilty of conspiracy to defraud the United States in
violation of 18 U.S.C. § 371 (Count 1) and seven counts
of mail fraud in violation of 18 U.S.C. § 1341. In
January 2017, the Court sentenced Defendant to 60 months'
imprisonment on each of Counts 1 through 8, to run
concurrently; three years of supervised release on each of
Counts 1 through 8, to run concurrently; an $800 special
assessment; forfeiture of property; and restitution of $4.7
addition, the Court recommended to BOP that Defendant serve
his sentence in the BOP medical facility located in
Lexington, Kentucky; Springfield, Missouri; or Rochester,
Minnesota. The Court allowed Defendant to self-report as
directed by BOP. On January 26, 2017, Defendant filed a
notice of appeal.
February 13, 2017, Defendant filed his Motion for Stay of
Sentence pursuant to 18 U.S.C. § 3143 and Federal Rule
of Civil Procedure 38. Defendant indicates that, on or about
February 2, 2017, the BOP directed Defendant to report to the
minimum security federal satellite camp in Thomson, Illinois
at 2:00 p.m. on February 28, 2017. The Court directed the
Government to file an expedited response to the Motion and
set the matter for a hearing on February 27, 2017.
motion, Defendant notes that he suffers from numerous health
conditions, including high blood pressure, type 2 diabetes,
ulcerative colitis, high cholesterol, hepatitis C, sciatica,
degenerative disc disease, osteoarthritis, and sensorineural
hearing loss. Defendant expresses concern that BOP is
unwilling to assign Defendant to a proper facility to address
his medical needs, arguing that his sentence of 60 months
“is tantamount to a death sentence.” Mem. at 2
(d/e 242). Defendant asserts that he does not pose a threat
to another person or the community, his appeal is not being
pursued for the purpose of delay, and his appeal “will
likely raise a substantial question of law or fact likely to
result in reversal or an order for a new trial[.]” Mem.
February 21, 2017, the Government filed its expedited
response (d/e 244) objecting to Defendant's request. The
Government argues that Defendant is actually requesting that
the Court place him on bond pending the completion of his
appeal. The Government asserts that Defendant's claim is
unsupported by medical or any other evidence. According to
the Government, Defendant suffers from “typical medical
conditions” and that Thomson provides a host of medical
services to address Defendant's medical conditions. Resp.
at 3 (d/e 244) (attaching the Admission and Orientation
Handbook for Thomson which details the types of medical
services available at the facility and local community). The
Government further argues that Defendant has not shown that
his appeal raises a substantial question of law or fact
likely to result in reversal, a new trial, a sentence that
does not include a term of imprisonment, or a reduced
sentence to a term of imprisonment less than the total of the
time already served.
Court held a hearing on February 27, 2017 and took the matter
of a defendant pending appeal is governed by Section 3143(b)
of Title 18, which provides that a person who has been found
guilty of an offense, sentenced to a term of imprisonment,
and who has filed an appeal shall be detained unless the
judicial officer finds:
(A) by clear and convincing evidence that the person 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) of this title; and
(B) that the appeal is not for the purpose of delay and
raises a substantial question of law or fact ...