U.S. v. Sunrise
USDC Cr. No. 84-235
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
FILED MAR 10 1989
CLERK, U.S. DISTRICT COURT
UNITED STATES OF AMERICA District of Columbia
V. Criminal No. 88-235-LFO
STEPHEN SEMPLE,
Defendant.
ORDER
Defendant was convicted of violating a Park Service
regulation prohibiting "camping" in Lafayette Park and sentenced
to serve 30 days in the custody of the United States Attorney
General. He was ordered to surrender himself voluntarily on or
before March 17, 1989. On February 22, 1989, defendant filed a
motion to spend imposition of sentence pending appeal. The
government has not filed a timely opposition to the motion.
Defendant represented himself in this matter and attended
all scheduled hearings and status conferences. He has been
engaged In an ongoing vigil "in Lafayette Park and has not
heretofore demonstrated any desire to cease his demonstration or
leave the Washington, D.C. area. He has not been convicted of
any violent crimes, nor can his convictions in this and related
cases be deemed to raise any questions about the safety of the
community should he be released. Accordingly, the Court finds, by
clear and convincing evidence, that defendant is not likely to
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flee or pose a danger to the safety of any other person or the
community if released under 18 U.S.C. § 3142(b) or (c).
Furthermore, defendant has raised a substantial question of
law in this case involving the delicate balance between the Park
Service's interest in preserving national park areas and
defendant's rights under the First Amendment. There is no
showing on the current record that defendant has appealed for the
purposE of delay, and there is no reason why defendant should
have to serve his sentence prior to a ruling by the Court of
Appeals. Indeed, were defendant's motion denied and the sentence
imposed, the sentence would likely be completed before the appeal
could be decided, perhaps rendering that appeal moot.
Accordingly, pursuant to 18 U.S.C. 9 3143!b), it is this
10th day of March, 1989, hereby
ORDERED: that Defendant's Motion to Suspend Imposition of
Sentence Pending the appeal should be, and is hereby, GRANTED;
and it is further
ORDERED: that this Order should be personally served on
defendant by the United States Marshals Service
(signed) Louis f. Oberdorfer
UNITED STATES DISTRICT JUDGE