Opinion
D.C. No. 1:09-cr-00273 LJO.
October 31, 2011
DANIEL J. BRODERICK, Bar #89424, Federal Defender, ANN C. McCLINTOCK, Bar # 141313, Assistant Federal Defender, Sacramento, California, Attorney for Defendant-Appellant, JEFF LIVINGSTON.
ORDER
Defendant JEFF LIVINGSTON's request for a stay is GRANTED, but not as requested. The self-surrender date now set for October 31, 2011 is reset. The new self-surrender date is Monday, November 7, 2011. That date will only change if the Ninth Circuit deems it appropriate to issue an emergency stay based on the filing of an emergency motion for release pending appeal with the United States Court of Appeals for the Ninth Circuit.
The Court takes exception in the Request To Stay Self-Surrender Date at page 2, lines 15-16 where in it is represented that the Court initially concluded that the issue on appeal raised a substantial question. There was extensive discussion on the record, and ultimately the Court made it clear that the "substantial question" was one of fact for the jury to decide, but that there was no substantial question on the legal admissibility of the evidence to the jury.
IT IS SO ORDERED.