United States of America, Plaintiff-appellee, v. Patrick E. Rudd, Defendant-appellant, 85 F.3d 630 (6th Cir. 1996)

ORDER

Defendant, Patrick Edwin Rudd, appeals a district court order denying him bail pending sentence on his conviction for mail fraud and bank fraud. Rudd has filed a brief in support of his release; the government has filed a response in opposition.

A defendant who has been found guilty but not yet sentenced shall be detained "unless the judicial officer finds 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...." 18 U.S.C. § 3143(a) (1). Release is no longer favored once guilt of a crime has been established. United States v. Vance, 851 F.2d 166, 170 (6th Cir.), cert. denied, 488 U.S. 893 (1988). Section 3143(a) (1) creates a presumption against release which the criminal defendant must overcome. Id. at 168. Upon review and consideration of the facts and arguments presented, we conclude that the district court did not err in ordering that the defendant be detained pending sentence.

It therefore is ORDERED that the district court's order is affirmed.