U.S. District Chief Judge Bruce Jenkins ruled Monday that Vickie Singer must remain in prison while she appeals her conviction in the Singer-Swapp family case.
Singer was found guilty on May 9 of bombing the LDS chapel at Marion, Summit County, possessing the bomb; resisting arrest, and possessing weapons during the 13-day armed standoff at the family's home.On Sept. 2, she was sentenced to five years, the minimum mandatory sentence imposed by Congress on the possession charges, with prison time stayed on the other charges.
Her lawyer, Catherine Collard, asked that Singer be released while her case is appealed.
Jenkins wrote that to be released during appeal a defendant has to prove to be not likely to flee or pose a danger, and must show that the appeal is likely to result in a reversal of the conviction, a new trial or a sentence that does not include imprisonment.
Jenkins said Collard is attempting to attack the minimum mandatory sentence, but he wrote that she concedes that the only court to have considered whether that is constitutional has upheld the statute.
"The defendant has not presented any evidence to suggest that her sentence is disproportionate compared with sentences imposed on other criminals . . . for the commission of the same crime," the judge wrote.
He said he must consider the seriousness of using a firearm in relation to a crime of violence and the relative shortness of the sentence.
Collard argued the cumulative effect of the court's instructions to the jury to find Singer guilty of using a firearm solely on her presence at the compound during the standoff.
But Jenkins wrote that he expressly instructed jury members they could not find her guilty unless jurors believe she knowingly used or carried a firearm during or in relation to a crime of violence.
Thus, Jenkins said, Collard's argument would have the court assume "that the jury ignored its instructions . . . such an assumption is unwarranted," he concluded.
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