United States v. Meister, No. 13-14629 (11th Cir. 2013)

Defendant was found guilty of possessing and distributing child pornography. On appeal, defendant filed a motion for release on bond pending his sentencing hearing, or, in the alternative, for limited remand and temporary release on bond pending the conclusion of the proceedings on limited remand. Defendant argued that his terminal cancer and short life expectancy provided the exceptional circumstances which make his detention pending sentencing inappropriate. The court reversed the district court's order finding that it lacked the jurisdiction to consider whether exceptional reasons under 18 U.S.C. 3145(c) warrant defendant's release pending sentencing. The court recognized that, on limited remand, the district court determined by clear and convincing evidence that defendant had clearly shown in accord with section 3145(c) that there are exceptional reasons why his detention pending sentencing would not be appropriate. However, given the discretionary language of the statute, and the court's holding today, the court remanded for the district court to assume jurisdiction and to make a determination of whether to order defendant's release.