Judge Denies Correia’s Permanent Stay to Report to Prison, Approves New Reporting Date Later this Month

Keith Thibault April 4, 2022 Comments Off on Judge Denies Correia’s Permanent Stay to Report to Prison, Approves New Reporting Date Later this Month

U.S. District Court Judge Douglas Woodlock today denied former Mayor Jasiel Correia’s motion for a permanent stay to report to prison on his fraud and corruption convictions.  He has been given more time to report to federal prison in New Hampshire so his appeal can be heard by the First Circuit Court of Appeals.

Correia was expected to report to the federal prison in Berlin, New Hampshire tomorrow.  Judge Woodlock has not extended that reporting date to April 22. Correia must file his appeal with the First Circuit by April 11.

Correia was convicted last May of wire fraud and filing false tax returns in relation to his SnoOwl app business and extortion and conspiracy in his interaction with individuals seeking to locate marijuana businesses in the city of Fall River.

Here is the order released this morning by Judge Woodlock:

Judge Douglas P. Woodlock: Upon review of Mr. Correias opening appellate brief, and after intensive and repeated reconsideration of the record of this case and in particular the transcripts and exhibits at his trial in connection with the parallel proceedings which followed Mr. Correias trial, I am now in a position to rule without hesitation that the defendant should not be afforded continued enlargement on bail pending the final resolution of his appeal. He is, however, entitled to review of that determination by the First Circuit. See generally Federal Rule of Appellate Procedure 9(b). Accordingly, as contemplated by Fed. R. App. 9(b), I will allow a reasonable period to permit Mr. Correia now to seek bail relief from the First Circuit itself. Under this extension he must make his application to the First Circuit in a timely fashion, failing which his incarceration shall commence with his self-surrender at the facility designated by the United States Bureau of Prisons no later than noon, April 22, 2022, absent further order by the First Circuit.

The bail pending appeal process anticipates that such applications may be presented to successive levels of the federal judiciary. Given the orderly process followed here, the parties should now be able promptly to present the matter to the First Circuit. While I do not presume to set briefing schedules for the Court of Appeals, I will indicate my view that a fully supported application for § 1343 relief from the Court of Appeals could without strain or difficulty be filed by close of business Monday, April 11, 2022. This in turn would afford adequate time for briefing in opposition and deliberate consideration in the First Circuit before the new self-surrender date I hereby ORDER to occur no later than noon April 22, 2022.

Accordingly, I hereby DENY Defendants motion [328] for continued bail pending appeal, subject to my GRANT IN PART of the defendants renewed motion [421] that I further stay his surrender date as to which, in accordance with this Memorandum, I hereby ORDER to occur no later than noon April 22, 2022 absent further order of the United States Court of Appeals for the First Circuit. (Beatty, Barbara)

 

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