Opinion
No. 3:99CR235(EBB).
January 25, 2005.
RULING ON GOVERNMENT'S MOTION FOR CLARIFICATION
The motion [Doc. No. 505] is granted. On September 17, 2004, the court sentenced the defendant to a total effective sentence of 48 months' incarceration, 3 years of supervised release and a $200 special assessment. The defendant was directed to self surrender on January 4, 2005.
Defendant thereafter moved for release pending appeal and postponement of her self-surrender date. The court denied both motions, finding that, although the appeal is not for the purpose of delay and raises a substantial question of law (the viability of the federal sentencing guidelines), the decision on the appeal was not likely to result in a reduced sentence to a term of imprisonment less than the time already served plus the expected duration of the appeal process. 18 U.S.C. § 3143(b)(B)(iv).
The court stated on the record on September 17, 2004, that, in consideration of the government's § 5k.1 motion, it was sentencing the defendant without the constraint of the guidelines and, irrespective of how the Blakely issue might be resolved, the sentence would be the same.
SO ORDERED.