USA v. Nesbitt

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
United States of America
v.
Christopher Nesbitt
Case No. 20-cr-140-01-JL
REPORT AND RECOMMENDATION
Defendant Christopher Nesbitt moves, on an expedited basis, for
pre-sentencing release. Doc. no. 60. The government consents to
release on conditions. A hearing on defendant’s motion was conducted
on June 16, 2023.
On October 21, 2021, the defendant pleaded guilty to Distribution
of Fentanyl. Doc. no. 48. His sentencing is scheduled for August 18,
2023. Nesbit moves for release pending sentencing, based on his
admission to a sober living residence and his significant progress
toward rehabilitation while detained over the last approximately eight
(8) months.
At the hearing, the parties agreed that this motion is governed
by 18 U.S.C. § 3143(a)(1),(2) and/or 3145(c).
At the hearing, the government agreed that under either statute
he has, under the unique circumstances of this case, met the
conditions of release in § 3143(a)(1), and that there are exceptional
circumstances that merit release. The defendant concurred with this
analysis. The parties were also in agreement regarding the proposed
conditions of release.
The court finds the government’s reasoning persuasive and
recommends release. With the court’s conditions described at the
hearing and outlined in the court’s June 16, 2023 order (Doc. no. 61),
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the defendant has shown by clear and convincing evidence that he is
not a flight risk or a danger to the community, as required under §
3143(a)(1). In addition, the court finds that exceptional
circumstances exist, which merit release. The court therefore finds
that the defendant has satisfied the requirements of § 3145(c).
CONCLUSION
For the reasons stated above, the court recommends that the
district judge grant the motion for release (doc. no. 60).
The parties have waived objections to this Report and
Recommendation.
SO ORDERED.
____________________________
Andrea K. Johnstone
United States Magistrate Judge
Date: June 16, 2023
cc: Seth R. Aframe, AUSA
Dorothy E. Graham, Esq.
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