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ORDER
Before the Court is a motion by Defendant Mark Hazelwood to extend his November 26,
2018 self-surrender deadline to January 7, 2019. (Doc. 749.) The United States (the
“Government”) responded in opposition (Doc. 751), and Defendant replied (Doc. 762). As both
parties note, allowing self-surrender is a benefit a court may grant in its discretion. See United
Defendant first argues his compliance with the terms of his pre-trial release and home
confinement warrants an extension of his self-surrender deadline. The Government renews the
argument on which it originally opposed any self-surrender for Defendant at all—that Defendant
is a flight risk, albeit controlled with conditions. Defendant’s reply argues the Government is
incorrect that he poses a more significant flight risk than his codefendants Scott Wombold and
Heather Jones, as to whom the Government did not object to a self-surrender date of January 7,
2019. According to Defendant, if he were going to flee, he would have done so already.
Defendant argues his devout Christian beliefs would make it very meaningful for him to
be able to spend time with his family over Christmas. The Government responds that the Bureau
of Prisons gives inmates of all faiths reasonable opportunities to practice their religions.
2019, when Wombold and Jones were convicted by the jury on the same date but are not required
to report until January 7, 2019. Although listed third, this appears to be the main impetus for
motion. The Government argues that self-surrender is not part of a sentence and therefore cannot
create a sentencing disparity. The Government also argues that neither Wombold nor Jones have
the financial means or length of sentence that make Defendant a flight risk.
Fourth, Defendant argues he has already paid his over-Guidelines fine. The Government
responds that this is a sound financial decision by Defendant as it prevents the accrual of interest,
and that the fine had a negligible impact on Defendant’s net worth.
Upon Defendant’s conviction, the Court found he was a flight risk, but that there were
conditions that would reasonably assure his future appearance. (Docs. 497, 519.) Neither
Defendant’s continued compliance with those conditions, nor his timely payment of his fine, is
grounds for an extension of his self-surrender deadline. Nor has Defendant shown he has any
religious—as opposed to family—needs regarding Christmas that the Bureau of Prisons would not
be able to accommodate. If the Court attempted to set self-report dates that did not conflict with
As to Defendant’s desire to have the same self-report date as Wombold and Jones, the
Court rejects this argument. Different self-surrender deadlines do not create sentencing disparities,
and even if they did, the sentencing disparities a court must consider are nationwide, not those
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Defendant asks to be allowed to remain free so that he can celebrate Christmas with his
family. But Easter, the most important Christian religious holiday, would come just a few short
months after Christmas.
of Wombold and Jones, respectively, that caused the Court to exercise its discretion in the manner
in which it did, including their conditions of release, the fact that their sentencing hearings came
after Defendant’s, the degrees to which they pose a risk of flight, and more individualized
Considering Defendant’s motion as a whole, the Court is not persuaded it should alter its
previous rejection of Defendant’s request to delay his self-surrender deadline to early January
SO ORDERED.
ENTER:
/s/
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE