AMARILLO, Texas — A federal judge on Monday questioned whether Bart Reagor should remain free or be locked up immediately after his sentencing on Thursday. He faces a statutory maximum of 30 years in prison.
Ordinarily, an eligible defendant can remain free for a few weeks after the sentencing and then self-surrender on a scheduled date for the start of a prison term. The judge raised questions as to whether Reagor is eligible to self-surrender at a later date.
Reagor was convicted of making a false statement to a bank by an Amarillo jury in mid-October. Reagor was the co-owner of the Lubbock-based Reagor Dykes Auto Group. The company collapsed into bankruptcy in August 2018 amid accusations of fraud and default.
United States District Judge Matthew Kacsmaryk ordered both prosecutors and the defense to provide written statements by 5:00 p.m. Tuesday.
The judge said his concern came from the probation officer, “that in her assessment, [Reagor] does not appear to be a risk of danger, but that [Reagor’s] overseas assets coupled with continued unascertained monthly cash flow could be considered risk factors for flight.”
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The following is the text of the order:
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION
UNITED STATES OF AMERICA Plaintiff,
v. BART WADE REAGOR Defendant.
Pursuant to 18 U.S.C. 3143(b)(1)(A) a “judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment . . . be detained, unless the judicial officer finds . . . by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released ….” The Court has been notified by the United States Probation Officer that in her assessment, the Defendant does not appear to be a risk of danger, but that Defendant’s overseas assets coupled with continued unascertained monthly cash flow could be considered risk factors for flight.
The Parties are ORDERED to brief the Court on whether Defendant should be remanded into custody or allowed to voluntarily surrender following the sentencing hearing scheduled for March 10, 2022. The Parties’ analysis should focus on the “flight risk” and “danger to safety of any other person” factors noted in 18 U.S.C. 3143(b)(1)(A), shall not exceed five pages, and should comply with Local Criminal Rule 47.2(a). This briefing is due by 5:00 p.m. on March 8, 2022.
SO ORDERED. March 7, 2022.
MATTHEW J. KACSMARYK NITED STATES DISTRICT JUDGE