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Case 1:08-cr-20612-PAS

Document 65

Entered on FLSD Docket 08/14/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-20612-CR-SEITZ/O’SULLIVAN UNITED STATES OF AMERICA vs. HASSAN SAIED KESHARI ________________________________/ MOTION TO RECONSIDER DENIAL OF MOTION TO REVOKE PRE-TRIAL DETENTION ORDER On August 12, 2008, this Court held a hearing on Keshari’s Motion to Revoke Pre-Trial Detention Order. The Court denied Keshari’s motion. At the hearing, the Court discussed human nature and noted that the first defendant it had released on bond had fled and that undersigned counsel was lucky that he had never had a client flee during his 11-year career. Statistics, however, bear out that the overwhelming majority of pre-trial detainees appear for court. The Compendium of Federal Justice Statistics from 2004 (the most recent undersigned counsel could find)1 demonstrates the following: • • • • • • •

Only 2.2% of those released on bond failed to appear. The number drops to 1.7% for those over 40, like Mr. Keshari. The number drops to 1.1% for those who are college educated, like Mr. Keshari. The number drops to 1.7% for those who are married, like Mr. Keshari. The number drops to 2.0% for those who were employed at the time of their arrest, like Mr. Keshari. The number drops to 1.5% for those who have no criminal record, like Mr. Keshari. The number drops to 1.8% for those with no history with drugs, like Mr. Keshari.

These numbers demonstrate that Mr. Keshari is the ideal candidate for bond, as we

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Available at: http://www.ojp.usdoj.gov/bjs/pub/pdf/cfjs0403.pdf


Case 1:08-cr-20612-PAS

Document 65

Entered on FLSD Docket 08/14/2008

Page 2 of 2

argued at the hearing. We urge the Court to reconsider based on these statistics, keeping in mind that the technology available now (the GPS system) is more advanced than in 2004 when these numbers were run making it even less likely (than 2%) that Mr. Keshari could or would flee.

Respectfully submitted,

____________________________ David Oscar Markus Fla. Bar No. 119318 Robin Kaplan Fla. Bar. No. 773751 DAVID OSCAR MARKUS, PLLC Alfred I. duPont Building 169 East Flagler Street, Suite 1200 Miami, Florida 33131 Telephone: 305-379-6667 Facsimile: 305-379-6668 www.markuslaw.com

CERTIFICATE OF SERVICE A copy of the foregoing was served through the electronic filing system on August 14, 2008, on AUSA Melissa Damian.

___________________________ David Oscar Markus

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