Opinion
2:21-cr-00194-RAJ
01-23-2023
UNITED STATES OF AMERICA, Plaintiff, v. JOSHUA ADAM SHUEMAKE, Defendant.
ORDER DENYING MOTION FOR STAY OF EXECUTION OF JUDGMENT
Honorable Richard A. Jones, United States District Judge
THIS MATTER comes before the Court upon Defendant's Motion for Stay of Execution of Judgment while he appeals his convictions to the Ninth Circuit Court of Appeals (Dkt. 96). After considering the motion, the Government's opposition, the files and pleadings herein, and being fully advised, the Court finds oral argument unnecessary and finds as follows: The Court DENIES Defendant's motion because he has not shown a likelihood that either count of conviction will be reversed on appeal. The Court further DENIES Defendant's motion because, given his history of violation of his bond conditions, he has not shown by clear and convincing evidence that he does not pose a danger to the community while his appeal is pending, nor has he demonstrated that his appeal is not for purposes of delay.