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United States v. Boulier

United States District Court, District of Maine

October 9, 2014

UNITED STATES OF AMERICA
v.
WAYNE E. BOULIER, JR.

DEFENDANT (1) WAYNE E BOULIER, JR REPRESENTED BY MARVIN H. GLAZIER VAFIADES, BROUNTAS & KOMINSKY LEAD ATTORNEY

PLAINTIFF USA REPRESENTED BY F. TODD LOWELL LEAD ATTORNEY

ORDER DENYING DEFENDANT’S MOTION TO ATTEND SERVICE

JOHN A. WOODCOCK, JR. CHIEF UNITED STATES DISTRICT JUDGE

Incarcerated while awaiting sentencing, Wayne E. Boulier, Jr. moves for a temporary release from prison and transport to attend the graveside service of his recently deceased father. Although the Court regrets that Mr. Boulier’s father has passed away and is sympathetic with his desire to attend his father’s funeral, Mr. Boulier has failed to meet the standard for release, as is required pursuant to 18 U.S.C. § 3145(c). Therefore, the Court denies Mr. Boulier’s motion.

I. BACKGROUND

On February 24, 2014, Wayne E. Boulier, Jr. pleaded guilty to possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). Minute Entry (ECF No. 41). The penalty for violation of 18 U.S.C. § 922(g)(1) includes a possible maximum imprisonment term of ten years, 18 U.S.C. § 924(a)(2), and therefore, Mr. Boulier was subject to the mandatory detention provision of 18 U.S.C. § 3143(a), and the Court ordered him detained pending the imposition of sentence. Minute Entry (ECF No. 41). On October 3, 2014, the Court held a presentence conference, Minute Entry (ECF No. 55), and the sentencing hearing is scheduled for November 21, 2014. Notice of Hearing (ECF No. 56).

Also on October 3, 2014, following the presentence conference, Mr. Boulier moved for temporary release “to attend the graveside service of his recently deceased father, which is set for October 10, 2014 at 3:00 p.m. at Riverside Cemetery in Fort Fairfield, Maine.” Mot. to Attend Serv. at 1 (ECF No. 54). He also moved for transport by the United States Marshal’s Service from Somerset County Jail to Fort Fairfield. Id.

On October 6, 2014, the Government responded. Gov’t’s Resp. to Def.’s Mot. to Attend Service (ECF No. 57). In its response, the Government notes that it spoke with the Marshal’s Office, and the Marshal’s Office explained it “has a policy against transporting prisoners to scheduled events such as funerals. That policy is based on manpower and security reasons.” Id. at 1. Based on the policy of the Marshal’s Office, the Government objects to Mr. Boulier’s proposed transportation method. Id. The Government suggests, however, that it would not object to Mr. Boulier being released on temporary bail. See Id . at 1-2.

On October 7, 2014, the Court held a hearing on Mr. Boulier’s motion, and directed defense counsel to submit a memorandum explaining the application of the standard for release under 18 U.S.C. § 3145(c), as well as to provide the name of a specific person(s) who could properly transport Mr. Boulier to and from his father’s funeral service. Minute Entry (ECF No. 59). On October 9, 2014, Mr. Boulier filed his memorandum. Mem. on Mot. for Temp. Release (ECF No. 60).

In his memorandum, Mr. Boulier explains that his counsel spoke with the programs officer at the Somerset County Jail, who advised that one Gary Roy, who served as a corrections officer for one year, could transport Mr. Boulier “from the jail to the graveside service and back to the jail on the same day.” Id. at 1-2. Defense counsel then spoke with one Shawn McGuire, another programs officer at the Somerset County Jail, who confirmed that he spoke with Mr. Roy, and “Mr. Roy has been advised that if even for a single moment he loses sight of [Mr. Boulier], he is to call 911.” Id. at 2. Defense counsel then communicated directly with Mr. Roy, and Mr. Roy has agreed to serve as custodian with “certain instructions that should ensure that [Mr. Boulier] remain within his sight while he attends the graveside service.” Id. Mr. Boulier has been made aware by his counsel of the seriousness of attending his father’s funeral service, and the absolute obligation that he is to comply with the requirements of release as ordered by the Court. Id.

Also on October 9, 2014, the Government filed its objection. Gov’t’s Objection to Def.’s Mot. to Attend Service (ECF No. 61). The Government argues that Mr. Roy “has some corrections experience but apparently no additional law enforcement training or experience, ” and therefore, according to the Government, Mr. Roy is not qualified to transport Mr. Boulier to and from the funeral service. Id. at 2. The Government further contends that Mr. Boulier has not proven that he is not a risk of flight or danger to the community. Id. In addition, the Government states that the Probation Office “has expressed its strong objection to a release of the defendant.” Id. at 1.

II. DISCUSSION

Under 18 U.S.C. § 3145(c),

[a] person subject to detention pursuant to section 3143(a)(2) or (b)(2), and who meets the conditions of release set forth in section 3143(a)(1) or (b)(1), may be ordered released, under appropriate conditions, by the judicial officer, if it is clearly shown that there are ...

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