Case 3:20-cr-00258-FAB Document 327 Filed 05/16/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

UNITED STATES OF AMERICA,

Plaintiff,

v. Criminal No. 20-258 (FAB)

RAFAEL PINA-NIEVES,

Defendant.

ORDER

BESOSA, District Judge.

Defendant Rafael Pina-Nieves (“Pina”) requests that the Court

temporarily modify his conditions of release. (Docket No. 316.)

For the reasons set forth below, Pina’s motion is GRANTED IN PART.

On August 13, 2020, a grand jury returned an indictment

charging Pina with possession of a firearm by a convicted felon,

and possession of a machinegun, in violation of 18 U.S.C.

§§ 922(g)(1) and 922(o), respectively. (Criminal No. 20-258,

Docket No. 1.) 1 Subsequently, a jury found Pina guilty on both

counts of the indictment. (Docket No. 246.) The Court granted

Pina’s motion to remain on bond, “under the Home Detention

Program.” (Docket No. 244 at p. 2.) The sentencing hearing is

1 Pina pled guilty to one count of bank fraud on May 13, 2015. (Case No. 12-
215, Docket No. 416.) The Court sentenced Pina to the time he had already
served, and two years of supervised release. Id., Docket No. 496.
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Criminal No. 20-258 (FAB) 2

set for May 24, 2022, at 9:00 a.m. in the Old San Juan Courtroom.

(Docket No. 312.)

Pina requests authorization to leave his home on Sunday,

May 22, 2022, from 9:00 a.m. to 8:00 p.m. “to attend his youngest

daughter’s first birthday party.” (Docket No. 316 at p. 3.) The

party will be held at a venue “where [Pina] currently resides.”

Id.

Eleven hours for a one-year old’s birthday party is excessive.

A celebration spanning half the day is an event for adults, not

for a one-year-old child. The length requested for the party

appears to be for other or additional reasons. Evidence was

presented at trial from a motion presented by his own attorneys

that Pina informed his family and associates of the likelihood of

his serving time in prison. A child’s birthday party is not the

occasion to say goodbye to his friends and family before a term of

imprisonment which could be imposed when he is sentenced.

For the reasons set forth above, Pina’s motion to temporarily

modify the conditions of his release is GRANTED IN PART. (Docket

No. 316.) The celebration of his daughter’s first birthday party

may be held only from 11:00 a.m. to 4:00 p.m. Pina’s supervision

conditions are modified only so that he may attend the celebration

during those hours. All other conditions shall remain effective,

including avoiding contact, directly or indirectly, with any

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Criminal No. 20-258 (FAB) 3

person who was a victim or witness during the investigation or

prosecution of this case. These persons are not allowed to be

present at the celebration, whether or not Pina is accompanied by

counsel.

IT IS SO ORDERED.

San Juan, Puerto Rico, May 16, 2022.

s/ Francisco A. Besosa
FRANCISCO A. BESOSA
SENIOR UNITED STATES DISTRICT JUDGE