Opinion
16-cr-00776 (VEC)
07-01-2022
UNITED STATES OF AMERICA v. ALAIN KALOYEROS, STEVEN AIELLO, JOSEPH GERARDI, and LOUIS CIMINELLI, Defendants.
[PROPOSED] ORDER
HONORABLE VALERIE E. CAPRONI UNITED STATES DISTRICT JUDGE.
THIS MATTER having come before the Court upon the unopposed application of Defendants Alain Kaloyeros, Louis Ciminelli, Steven Aiello, and Joseph Gerardi (“Moving Defendants”) (ECF No. 1043); and the Court having considered the relevant papers and arguments; and the Court finding by clear and convincing evidence that Moving Defendants are neither a flight risk nor a safety concern; and the Court finding that Moving Defendants' appeal raises substantial questions justifying release on bail; and for other good cause shown:
IT IS, on this 1st day of July 2022:
1. ORDERED that Moving Defendants' Motion for Bail is GRANTED pending disposition of Ciminelli v. United States (No. 21-1170) and Percoco v. United States (No. 21-1158) in the United States Supreme Court and, in the event Moving Defendants' conviction is not affirmed, for such additional time as the case remains on appeal; and it is further
2. ORDERED that, in accordance with the above, the Bureau of Prisons shall release Moving Defendants FORTHWITH; and it is further
3. ORDERED that the conditions of bail in place immediately prior to Moving Defendants' surrender to serve their sentence are reimposed, with Moving Defendants to re-execute their previously entered personal recognizance bonds within seven days of their release, EXCEPT THAT no posting of cash bail shall be required.