The US Court of Appeal has suspended an order of a lower court, which de facto extends the imprisonment of Russian citizen Bogdana Osipova for an indefinite period, court documents said on Wednesday
WASHINGTON (Pakistan Point News / Sputnik - 21st October, 2020) The US Court of Appeal has suspended an order of a lower court, which de facto extends the imprisonment of Russian citizen Bogdana Osipova for an indefinite period, court documents said on Wednesday.
At the same time, contrary to statements by a number of media outlets, the Court of Appeal did not make a decision to release Osipova.
Earlier, Judge Eric Melgren of Uchito, Kansas, sentenced Osipova to seven years in prison for kidnapping her child and extortion. The court of appeal dropped her extortion charges and only left the child abduction charges, which ordered a lower court to issue a new verdict. On the remaining charges, Osipova has already served more than the stipulated term. At the same time, Melgren insists that Osipova be taken in custody to Kansas for a second sentence, which could extend her imprisonment for an indefinite period.
"We grant the motion to stay the district court's October 14 order directing the United States Marshals Service to transport defendant to the District of Kansas," the appeals court said. "Further, because we cannot conduct any meaningful review of the appeal in the absence of a district court ruling on the Emergency Motion for Immediate Release Pending Resentencing, we remand to the district court for the limited and specific purpose of entering a written order on the September 21 Emergency Motion for Immediate Release Pending Resentencing that includes the required analysis, findings, and conclusions."
A detailed analysis and conclusion is required from the lower court why it believes that Osipov should continue to be held in prison pending a second sentence. The deadline for this is October 30.
In June 2019, a US Federal court sentenced Osipova to seven years in prison for international parental kidnapping and demanding child support from her former husband, US national Brian Mobley. She was also ordered to pay compensation in the amount of $18,000 to her husband and to do everything possible to return her children to the United States.
Both a US and Russian citizen, Osipova-Mobley left Wichita, Kansas, in 2014, allegedly escaping her abusive US husband, Air Force recruiter Brian Mobley, with one child from her first marriage and another from the second one. She gave birth to a third child after arriving in Russia. US authorities arrested Osipova in 2017 shortly after she returned to the United States in order to change child support arrangements.
