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United States v. Elgin

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
Feb 22, 2021
Case No. 2:20-CR-00048-DAK-1 (D. Utah Feb. 22, 2021)

Opinion

Case No. 2:20-CR-00048-DAK-1

02-22-2021

UNITED STATES OF AMERICA, Plaintiff, v. TIMOTHY JON ELGIN, Defendant.


MEMORANDUM DECISION AND ORDER

This matter is before the court on Defendant's Motion for Furlough. (ECF No. 28.) In his motion, Defendant seeks a furlough for an unspecified amount of time and on an unspecified date to attend his aunt's funeral in Connecticut. Before the court may grant a motion for furlough, a defendant must show "by clear and convincing evidence that [he or she] is not likely to flee or pose a danger to the safety of any other person or the community if released." 18 U.S.C.A. § 3143(B). Defendant has not met this burden.

The court will not belabor the point in denying Defendant's motion. The Presentence Investigation Report (ECF No. 19 (sealed)) demonstrates that Defendant has a serious, repeating, and apparently ongoing problem with child pornography. The nature of Defendant's crimes and conduct convince the court that Defendant would pose a real and serious danger to the community if furloughed even for a short time. Accordingly, Defendant's Motion for Furlough is DENIED. (ECF No. 28.)

DATED this 22nd day of February, 2021.

BY THE COURT:

/s/_________

DALE A. KIMBALL

United States District Judge


Summaries of

United States v. Elgin

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
Feb 22, 2021
Case No. 2:20-CR-00048-DAK-1 (D. Utah Feb. 22, 2021)
Case details for

United States v. Elgin

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. TIMOTHY JON ELGIN, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

Date published: Feb 22, 2021

Citations

Case No. 2:20-CR-00048-DAK-1 (D. Utah Feb. 22, 2021)