United States District Court, D. Kansas
TERESA J. JAMES, Magistrate Judge.
The Court, having considered the Defendant's Motion for Arrest of Judgment & Judgment of Acquittal (ECF No. 230), as well as the arguments of counsel for the Government and Defendant, is ready to rule on the Motion.
The Court makes the following Findings:
1. On January 10, 2014, a Jury Verdict was entered in this case finding the Defendant guilty of Count 1 of the Indictment against the Defendant.
2. On January 10, 2014, Defendant filed a Motion for Release from Custody (ECF No. 210), which was followed by Defendant's Motion for Arrest of Judgment and Judgment of Acquittal (ECF No. 220) and Memorandum in Support (ECF No. 221), on January 24, 2014.
3. The Government filed its Response to the Motion on January 27, 2014 (ECF No. 227).
4. On January 28, 2014, at approximately 3:30 p.m., Magistrate Judge David J. Waxse conducted a hearing and granted Defendant's Motion for Release from Custody, finding that the Defendant is not a flight risk, nor a threat to the community (ECF No. 228).
5. Also during the hearing on January 28, 2014, Magistrate Judge Waxse entered an Order Setting Conditions of Release with regard to the Defendant (ECF No. 229).
6. After the hearing, the U.S. Marshals were provided a copy of the Order Setting Conditions of Release on January 28, 2014.
7. The U.S. Marshals continued to detain the Defendant in custody pursuant to an Immigration Detainer - Notice of Action issued by the Department of Homeland Security ("DHS") U.S. Immigration and Customs Enforcement (the "ICE Detainer Notice").
8. The ICE Detainer Notice expressly states that the U.S. Marshals:
Maintain custody of the subject for a period NOT TO EXCEED 48 HOURS, excluding Saturdays, Sundays, and holidays, beyond the time when the subject would have otherwise been released from your custody to allow DHS to take custody of the subject. This request flows from federal regulation 8 C.F.R. § 287.7, which provides that a law enforcement agency "shall maintain custody of an alien" once a detainer has been issued by DHS. You are not authorized to hold the subject beyond these 48 hours.
9. On January 30, 2014, shortly after 4:30 p.m., Defendant filed a new Motion for Arrest of Judgment & Judgment of Acquittal, requesting the Defendant's immediate ...