Tuesday, May 23, 2006
Jamie Olis will continue to wait in jail for resentencing following a Fifth Circuit remand post- Booker. Professor Doug Berman, on the Sentencing Blog here, reports on the appellate court's denial of bail pending the sentencing rehearing. The decision can be found here.
The court rejects use of subsection (a) in 18 U.S.C. § 3143, despite the fact that the accused might fit the standard of being one who "is not likely to flee or pose a danger to the safety of any other person or the community." Since his conviction has been affirmed, and this is only a "pending resentencing," The court states, " [t]he reasons for releasing a convicted defendant prior to sentencing — such as his getting his affairs in order — do not apply to incarcerated defendant whose conviction has been affirmed." The court also states that "[a]pplying subsection (a) in this instance would lead to an absurd result: Olis would be temporarily released, only to return to prison for the remainder of his sentence. " The court also rejects subsection (b).
Although this may appear to be a setback for Jamie Olis, it actually may prove helpful at the time of his re-sentencing. With more time in prison, and more time passed, it may place him in a better position - that is if a judge is willing to go beyond examination solely of the loss factor.