Opinion
No. 1:96CR05180-001 OWW, No. 1:99CR5342 OWW.
January 9, 2008
Carolyn D. Phillips # 103045, Attorney at Law, Fresno, CA, Attorney for defendant TROY DOUGLAS BRIMM.
ORDER GRANTING DEFENDANT'S REQUEST FOR CONTINUED RELEASE PENDING APPEAL
Having considered defendant's moving papers to remain free of custody pending appeal, the government's opposition, and defendant's reply, points and authorities and the court's record, the court finds by clear and convincing evidence that under 18 U.S.C. 3143(b), Troy Brimm:
(1) is not likely to flee or pose a danger to the safety of any other person in the community if he remains out of custody;
(2) that the appeal is not for the purpose of delay;
(3) that the appeal raises a substantial question of law or fact; and
(4) that if that question is determined favorably to him on appeal, that decision is likely to result in reversal or an order for a new trial of all counts on which imprisonment has been imposed,
and, finding good cause therefore,
IT IS HEREBY ORDERED that the court's order of November 20, 2007 requiring Troy Brimm self-surrender to U.S. Marshal or designated facility by 2:00 p.m., January 10, 2008 is hereby rescinded. Defendant Troy Brimm is to remain out of custody pending his appeal.