Appellate Court Passes the Buck

WILL DANIEL EVER GO HOME...continued ???

On April 19th, 2017 - two Judges from the 9th Circuit Court of Appeals held Daniel’s Motion to be released until the actual Appeal is decided upon. Yes, that’s right, they held it in their hands, read it and instead of releasing Daniel - they opted to Pass the Buck. They sent it back to the trial court in Spokane and ordered her honor to make a decision about releasing Daniel. She is the same judge that 719 days ago rejected Daniel’s nearly identical motion to not be imprisoned until the Appellate Court decided on his appeal.

Does anyone really believe the Trial Judge is going to dramatically reverse herself and send Daniel home until the Appellate Court rules on overturning his conviction?  Why, oh why, didn't the two Appellate Judges release Daniel? So - I repeat, Will Daniel Ever Go Home? Tragically it remains a frightening conundrum doesn’t it?


The Trial Judge has ordered both Daniel’s Defense Attorney and the Federal Prosecutor to provide their arguments for and against his release pending the decision on his appeal. She said she’ll make her decision on May 26th...just 11 days from now.

Today, May 15, 2017, Daniel has been wrongly jailed for 719 days.


Daniel, while still going round and round the merry-go round, is trying to be optimistic and praying that the trial Judge will reverse herself and release him while he awaits the final appeal decision from the 9th Circuit Court of Appeals.

Please consider: If you were wrongly imprisoned for 719 days and there was a slight possibility you could be released and go home with your family while awaiting the actual final appeal ruling by the 9th Circuit Appellate Court - would you not try with all your heart to go home? I would!

Daniel’s superb attorney has included a powerful argument to support releasing him now. He has told the Judge what the Bureau of Prisons (BOP) thinks about Daniel. In non-legalese terminology - Daniel has a 100% perfect conduct record: he has had two furloughs (One was for nearly 600 miles roundtrip) plus his prison employment is as a type of chauffer who has a pass to leave the prison and drive inmates and/or others whom the prison orders him to do so. The gravity of this is that HE HAS PROVEN HE IS NOT A FLIGHT RISK.

Here’s a tiny bit of the legalese wording of Daniel’s attorney: "Community custody status is defined by BOP as "[t]he lowest custody level assigned to an inmate which affords the lowest level of security and staff supervision." Attachment at 40 (CA No. 15-30332 DktEntry 67-2 at 10). Such inmate "may be eligible for the least secure housing, including any which is outside the institution’s perimeter, may work on outside. See CA No. 15-30332 DktEntry 41-1 (provided as a supplement to first 1 motion for release pending appeal). Motion and Memorandum Supporting Release Pending Appeal 6Case 2:13-cr-00014-RMP Document 857 Filed 05/05/17 "details with minimal supervision, and may participate in community-based program activities if other eligibility requirements are met." Id.


The same two appellate judges who passed the bail-release motion back to the trial judge ordered their appellate-court clerk to expedite getting Daniel’s actual appeal onto the 9th Circuit Court of Appeals Docket. I see this as a good decision and hopefully it means the outcome of Daniel’s appeal may be known in the near future.

Whatever the Appellate Court decides about Daniel’s appeal is open to anyone’s guesstimate. The Appellate Court can decide to speedily approve or deny the appeal; or they can sit on their hands for as long as they want. Their eventual response may result in any one of a variety of outcomes: viz., Overturn the Conviction; Deny the Appeal; Order a New Trial; etc.

Today, May 15, 2017, Daniel has been wrongly jailed for 719 days.


"Hi Dad, please give my thanks for all the support my loved ones give. I feel blessed. I'm encouraged and feeling hopeful it will all be over soon. I’m sending big hugs to each of them. Also I really appreciate the many books, letters, emails and financial support provided by you caring supporters.  From the bottom of my heart, Love Daniel"


My Son committed no crime...he sacrificed greatly to help others. He gave and gave and gave. He is loved by thousands and thousands who thank him, weep for him and pray unceasingly.  Many years ago a poet must have followed me and Daniel and then wrote this poem: Daddy’s Little Man:

"I watched him as he glanced up
To look at Daddy’s face ..

He walked a little faster
To keep up with the pace.

I watched him as he reached out
and took his Daddy’s hand ..

Trying to do everything like him
And be Daddy’s little man.

I listened to his questions
Asked in baby talk ..

Daddy answered as best he could
as they continued with their walk.

You could tell he started to tire
For it was plain to see ..

He stopped and held up his little arms
And said "Daddy Please hold me".

Daddy grinned and picked him up
carried him awhile without a peep ..

Held his little boy close to him
For Daddy’s little man had fallen.
fast asleep.

By © Daddy’s Little Man by Mildred Paxton

Your sacrificial donations have provided Daniel’s commissary needs, maintained his family’s household needs and made monthly payments on his gigantic fine. Please consider sending even just a small gift at this difficult time.

Any assistance can best be sent through PayPal’s Send Money. When PayPal asks for the email to which your donation is to be sent, simply type (copy & paste does not work) ~ ~ either This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or click the donate button below:

If you prefer to send your Donation conventionally: USPS, UPS, FedEx, etc. please send it to:

Larry Smith
9208 NE Highway 99, Suite 107-165
Vancouver, WA 98665-8986

Please Note: It is not possible for Daniel to have his own bank account while in prison ~ that’s why, I his father, receive it for him. To be deposited for Daniel’s and his family’s use it needs to be made out to Larry Smith.


(1)   I’ll send you Daniel’s new personal email address if you ask.
(2)    If you’d like to purchase a book as a gift and send it to Daniel ~ ask and I’ll send you the shipping info.

May Your Goodness Be Richly Rewarded


Larry Smith
Daniel’s Father