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U.S. v. Knopp

United States District Court, D. Nebraska
Jan 8, 2007
4:06CR3066 (D. Neb. Jan. 8, 2007)

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.


Summaries of

U.S. v. Knopp

United States District Court, D. Nebraska
Jan 8, 2007
4:06CR3066 (D. Neb. Jan. 8, 2007)
Case details for

U.S. v. Knopp

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. JOSEPH P. KNOPP, Defendant

Court:United States District Court, D. Nebraska

Date published: Jan 8, 2007

Citations

4:06CR3066 (D. Neb. Jan. 8, 2007)