Yes, but does Neil H. MacBride or anyone working in his office have a lick of common sense? It seems like people so unable to see things in proper perspective should be prohibited from exercising the legal profession.
"The government cites nothing that warrants reconsideration. Reviewing NinjaVideo’s Facebook page, and a related internet forum, the government finds a woman who is letting off some steam in her online community. In fact, in Ms. Beshara’s post-sentencing musings, she writes (in admittedly colorful language that is fairly common on the internet) to reassure friends and supporters that she will be able to handle serving the twenty-two month sentence. Govt Motion, Exhibit 2. She jokes about maybe losing some weight, picking up a degree, earning pennies making license plates. Id. Reflecting on her actual sentence, she notes that it would be natural to resent the judge that had imposed jail time on her, but she recognizes that she received a relatively lenient sentence. Id. These are not the writings of a defendant who is "likely to flee." Ms. Beshara was writing about serving her sentence, she was retrospective about how it easily could have been worse, how she could have received more jail time. She is preparing to go to jail, not to run from it.
The government does not dispute that Ms. Beshara is not a flight risk. Instead, they present two unpersuasive arguments. First, the government argues that Ms. Beshara poses a danger to the community due to internet postings that the government claims "suggest she may engage in physical violence with her future fellow inmates." Govt Motion at 2. As an initial matter, this is simply not a basis for reconsideration as it is not evidence that Ms. Beshara poses a "danger to the safety of any other person or the community if released." See 18 U.S.C. §3145(a). The government’s position amounts to the bizarre argument that Ms. Beshara should be incarcerated sooner because she will present a danger to "future fellow inmates" once incarcerated. Govt Motion at 2.
Moreover, the postings the government refers to are simply the online bluster of someone who has never spent a moment incarcerated. For example, the government notes Ms. Beshara’s posting that she will "run" her "cell block." Id. at 3. Ms. Beshara won’t even be on a cell block. She is clearly joking, as she jokes about having to make license plates. In fact, subsequent to the posts the government complains about, Ms. Beshara writes, "Nah but seriously guys, this is a sad and tragic situation and I want us to smile and laugh and stay together." See Govt Mtn, Exhibit 3, top of page 3."
http://www.scribd.com/doc/78155255/Beshara-reply-to-Gov-s-Mo...