Opinion
CRIMINAL NO. 05-642-1.
September 18, 2007
MEMORANDUM AND ORDER
Defendant's motion for release pending appeal does not satisfy all the conditions necessary to grant such a motion.
Specifically, the defendant does not raise a substantial question of law or fact. Moreover, even if he were successful on his RICO appeal, the Hobbs Act convictions would remain. Thus, it is unlikely that a successful appeal of the RICO conviction would change his sentence since it was based on conduct similar to the other defendants, except this defendant was in a leadership position, a fact reflected in the extra two months he received.
Accordingly, the following order is entered:
AND NOW, this day 18th day of September, 2007, it is hereby ORDERED that defendant's motion for release pending appeal (Docket No. 130) is DENIED.