Moss v. Jeffreys

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NICHOLAS M. MOSS,
Petitioner,
vs.
ROB JEFFREYS,
Respondent.
8:20CV474
MEMORANDUM AND ORDER
This matter is before the Court on two motions filed by Petitioner Nicholas M. Moss
(“Moss”). In both motions, Moss seeks release pending trial pursuant to 18 U.S.C. §
3143. See Filing Nos. 56 & 60. The motions shall be denied.
“[1]8 U.S.C. § 3143 governs release of a person who has been found guilty of a
federal offense who is awaiting imposition or execution of the sentence, and release of a
person who has been found guilty of a federal offense pending direct appeal.” Oriakhi v.
United States, No. CIV. 11-5648 JBS, 2012 WL 4120767, at *2 (D.N.J. Sept. 18, 2012)
(emphasis added), aff'd (Feb. 14, 2013) (citing 18 U.S.C. § 3143(a) and (b)). 18 U.S.C.
§ 3143 does not govern release of a person found guilty of a state offense like Moss. See
Filing No. 10-12 at 179 (finding Moss guilty of one count of First Degree Sexual Assault,
one count of First Degree False Imprisonment, and one count of Violation of a Domestic
Violence Protection Order under Nebraska law). For this reason, Moss cannot not rely
on 18 U.S.C. § 3143 for the relief sought in both motions.
IT IS THEREFORE ORDERED: Moss’ motions seeking release pending trial
pursuant to 18 U.S.C. § 3143, Filing Nos. 56 & 60, are denied.
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Dated this 4th day of March, 2026.
BY THE COURT:
Joseph F. Bataillon
Senior United States District Court
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