Opinion
19-CR-752 (JMF)
06-09-2022
UNITED STATES OF AMERICA v. CHRISTOPHER ANSAH, Defendant.
ORDER
JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE
On June 7, 2022, Defendant moved for bail pending appeal. See ECF No. 109 (“Motion”). Section 3143(b) of Title 18 of the United States Code provides that a court “shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds, ” among other things, “that the appeal . . . raises a substantial question of law or fact likely to result in” reversal, an order for a new trial, a sentence that does not include a term of imprisonment, or a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process. The Court cannot and does not find that that condition is met. Defendant argues that the admission of evidence pursuant to Rule 404(b) of the Federal Rules of Evidence is likely to lead to reversal or a new trial. See Motion 6-10. But this was a classic case for admission of such evidence given that the critical issue at trial was Defendant's knowledge that the cars that he helped to ship were stolen. And the Court is confident that it struck the right balance under Rule 403 in granting the Government's relevant motion in limine only in part and denying it in part. Accordingly, Defendant's motion for bail pending appeal must be and is DENIED.
SO ORDERED.
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