Opinion
4:06CR3066.
January 8, 2007
MEMORANDUM AND ORDER
Defendant has filed a motion for release pending appeal (filing 39) and argues that the appeal "raise[s] a substantial question of law or fact likely to result in . . . a sentence that does not include a term of imprisonment, or . . . a reduced sentence to a term of imprisonment less than the total time already served plus the expected duration of the appeal process." 18 U.S.C. § 3143(B)(iii) (iv). I disagree. The sentence imposed is within the advisory guideline range — indeed, it is the minimum recommended sentence — and there is no reason to depart. No substantial question of law or fact is presented. While it is possible that Defendant will have completed serving his 12-month term of imprisonment before the appeal is concluded, this does not constitute a ground for release under the statute. Accordingly,
IT IS ORDERED that Defendant's motion for release pending appeal (filing 39) is denied.