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Jucutan wants to remain free while appeal is pending
A former U.S. Army Reserve member who was sentenced to two years and four months in prison after being convicted of engaging in a scheme to defraud the Army Reserves Recruiter Assistant Program wants to remain free while his appeal is pending.
Jordan M. Jucutan, through counsel David Banes, asserted that his arguments provide a proper and adequate basis for granting his request for release pending his appeal before the U.S. Court of Appeals for the Ninth Circuit.
Banes said that based on the record and the issues on appeal, Jucutan is not a flight risk, is not a danger to the community, and his appeal and motion are to delay the case.
Banes said Jucutan will present issues to the Ninth Circuit that are “substantial” in nature that would require reversal or re-sentencing if he prevails on either of the issues presented.
Jucutan was convicted of falsely claiming he referred soldiers to enlist in the Army Reserve through the Army Reserves Recruiter Assistant Program. That allegedly false claim enabled him to obtain money from the program.
Jucutan is currently out of custody on condition pending notification by the U.S. Marshal Service that the Bureau of Prisons has designated a facility and that he is to report to begin serving his jail term.
Jucutan was notified that he is to report to the U.S. Marshal’s Service on Nov. 14, 2016.
Banes said in light of the nature and substance of the issues raised on appeal, Jucutan requests that the court grant his continued release pending a decision by the Ninth Circuit on his appeal.
Jucutan was a member of the Army Reserve from November 2006 until he retired in November 2014. He used to be a teacher at the Public School System.
