Judge Schlesinger Orders Washington's Release

Immediately following release on the internet by the Eleventh Circuit of its ruling in favor of Mr. Washington, Mr. Kent filed a motion before the honorable Harvey E. Schlesinger, United States District Court Judge for the Middle District of Florida, asking Judge Schlesinger to reconsider his previous denial of the motion for release on appeal bond under 18 U.S.C. Section 3143 that had been filed after release of the Guapi decision.  [ See the News of the Month Item in the August Newsletter. ] Shortly thereafter, counsel for the United States contacted Mr. Kent and advised that the United States Attorney's Office for the Middle District of Florida desired to file a petion for rehearing or rehearing en banc (which must be done within 21 days of a decision), but that the Deputy Attorney General in Washington who alone is authorized to approved petitions for rehearing, was not available and would not be available to make the decision within the 21 day period.  Therefore the United States would have to file a request for extension of time to file a petition for rehearing.  Counsel for the United States offered to agree to Mr. Washington's release on appeal bond if Mr. Kent would not oppose the government's request for extension of time. [An appeal bond is necessary for release following an appellate reversal unless and until such time as the mandate issues on the decision.  There is no set time for issuance of a mandate, but it cannot issue until the time for filing a petition for rehearing has expired; hence the need for an appeal bond, especially if an extension of that time were to be granted.]  Mr. Kent accepted the government's offer.

The government promptly followed through both with a written filing approving the release on the same conditions as pretrial, and then later agreed to a signature bond - a concession made out of professional courtesy and which was not part of the orginal proposal.  Mr. Kent and Mr. Washington both thank the government, and in particular appellate counsel Susan Raab and trial counsel William Mackie, for this generous and courteous concession.

Judge Schlesinger was initially of the view that he lacked jurisdiction to authorize an appeal bond prior to issuance of the mandate.  Judge Schlesinger had his clerk fax all the district court bond filings to the Eleventh Circuit.  This then necessitated a faxed notion by Mr. Kent [that again, the government graciously agreed to not oppose] to the Court of Appeals requesting that jurisdiction be temporarily relinquished to the district court for that purpose.  Circuit Clerk Kahn saw to it that  that the motion was promptly seen by the appropriate judges who in record time caused a faxed order to issue the very next day authorizing Judge Schlesinger to rule on the appeal bond motion.  Upon receipt of that fax from the Eleventh Circuit, Judge Schlesinger immediately signed Mr. Washington's bond order, releasing him on his signature.

Thereupon the clerk's office in Jacksonville immediately saw to it that the appropriate orders were faxed to Eglin Federal Prison Camp, where Mr. Washington is housed, and to the Miami clerk's office for the third party custodian, who resides in Miami, to sign, which was done.  As of this writing arrangements are being made by the United States Marshal to take Mr. Washington before the nearest available federal Magistrate Judge for him to sign his release and the judge to endorse the bond.

This entire process took extraordinary effort and cooperation on the part of Judge Schlesinger and his office, especially his chief assistant, William Baxter, Esq., the United States Attorney's Office, especially Susan Raab, Esq., and William Mackie, Esq., , the United States Clerks office in Jacksonville, Miami and Pensacola,  with special recognition to Mrs. Jenny Flick, Eglin Federal Prison Camp, especially Case Manager Dee Motley, the United States Marshal's Office, especially Inspector Ralph Carr, and above all, Paralegal Specialist Steven Kruer of the Federal Public Defender's Office.    

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