Simpson v. Warren

Filing 78

ORDER denying motions for release from custody pending appeal 66 & 77 . Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

RONALD SIMPSON,
Petitioner,
CASE NO. 06-CV-11967
HONORABLE DENISE PAGE HOOD

v.
MILLICENT WARREN,
Respondent.
/

ORDER DENYING MOTIONS FOR RELEASE FROM CUSTODY PENDING APPEAL

This matter is before the Court on Petitioner’s motions for release from custody pending
appeal concerning the Court’s September 29, 2009 decision conditionally granting his petition
for a writ of habeas corpus on a prosecutorial misconduct claim. The case is currently pending
on appeal before the United States Court of Appeals for the Sixth Circuit. This Court has stayed
its decision pending the resolution of that appeal. Petitioner has since filed two motions for
release from custody.
Federal Rule of Appellate Procedure 23(c) provides that, while a decision ordering the
release of a prisoner is on appeal, “the prisoner must – unless the court or judge ordering the
decision, or the court of appeals, or the Supreme Court, or a judge or justice of either court
orders otherwise – be released on personal recognizance, with or without surety.” The United
States Supreme Court has held that this rule “undoubtedly creates a presumption of release from
custody in such cases.” Hilton v. Braunskill, 481 U.S. 770, 774 (1987). That presumption,
however, may be overcome in the district judge’s discretion. Id.

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In making such a determination, a federal court may consider “[t]he State’s interest in
continuing custody and rehabilitation pending a final determination of the case on appeal . . . it
will be strongest where the remaining portion of the sentence to be served is long, and weakest
where there is little of the sentence remaining to be served.” Id. at 777. In this case, Petitioner
was sentenced to 30 to 50 years imprisonment and a consecutive term of two years
imprisonment. His earliest release date is in December, 2014 and his maximum discharge date is
in August, 2033. The remaining portion of his sentence is long.
Additionally, a federal court may consider “the dangerousness of a habeas petitioner as
part of its decision” whether to release him pending appeal. Id. at 778. Petitioner was convicted
of assault with intent to murder and felony firearm in this case and the incident involved
shooting at a police officer. Petitioner also pleaded guilty to assaulting an employee or jail
escape while incarcerated and was sentenced to one to four years imprisonment. Petitioner
presents a potential danger to the community.
The Pretrial Services Report indicates several violations while in custody from 1986 until
2007. The Pretrial Services believes that there is no condition or combination of conditions that
will reasonably assure the safety of the community and recommends that detention continue
pending appeal. The Court acknowledges that Petitioner has engaged in worthwhile activities
while incarcerated. Nonetheless, given the length of his sentence, the assaultive nature of the
charges, and his prison record, the Court finds that he should not be released from custody
pending the resolution of the appeal in this case.
Accordingly, the Court DENIES Petitioner’s motions for release from custody [Dkt. #66,
#77].

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IT IS SO ORDERED.

s/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: April 21, 2011
I hereby certify that a copy of the foregoing document was served upon Ronald S. Simpson
#184486, Mound Correctional Facility, 17601 Mound Road, Detroit, MI 48212 and counsel of
record on April 21, 2011, by electronic and/or ordinary mail.
s/LaShawn R. Saulsberry
Case Manager

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