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UNITED STATES v. HALL

February 22, 1985

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MARVIN HALL, DEFENDANT.



The opinion of the court was delivered by: Bua, District Judge.

MEMORANDUM ORDER

Before the Court is defendant Marvin Hall's motion for bail pending appeal. For the reasons stated below, defendant's motion is denied.

Defendant was convicted following a jury trial on November 28, 1984 of stealing over $100 from the United States in violation of 18 U.S.C. § 641. The crime charged in the indictment occurred in September, 1984. On January 14, 1985, defendant was sentenced to two years imprisonment and ordered to make restitution to the United States in the amount of $1,650. On February 1, 1985, the Court denied defendant's motions to vacate conviction, for acquittal, and for a new trial. Defendant's surrender date is set for February 26, 1985.

In his motion for bail pending appeal, defendant argues that he is entitled to bail pending appeal under the law that existed at the time the offense occurred. That law provided:

  A person . . . who has been convicted of an offense and . . .
  has filed an appeal . . . shall be treated in accordance with
  the provisions of Section 3146 unless the court or judge has
  reason to believe that no one or more conditions of release
  will reasonably assure that the person will not flee or pose a
  danger to any other person or to the community. If such a risk
  of flight or danger is believed to exist, or if it appears that
  an appeal is frivolous or taken for delay, the person may be
  ordered detained.

18 U.S.C. § 3148, repealed by, Comprehensive Crime Control Act of 1984, ch. I § 203, 98 Stat. 1976.

Section 3146 provided:

  Any person charged with an offense, other than an offense
  punishable by death, shall . . . be ordered released pending
  trial on his personal recognizance or upon the execution of an
  unsecured appearance bond . . . unless the [judicial] officer
  determines, in the exercise of his discretion, that such a
  release will not reasonably assure the appearance of the person
  as required. . . .

18 U.S.C. § 3146, repealed by, Comprehensive Crime Control Act of 1984, ch. I, § 203, 98 Stat. 1976.

The government argues that defendant should be denied bail under the Comprehensive Crime Control Act of 1984, Pub.L. No. 98-473, 98 Stat. 1976, ("the Act"). Specifically, the government argues that defendant is unable to qualify for release pending appeal under Chapter I of the Act (the Bail Reform Act of 1984), Pub.L. No. 98-473, 98 Stat. 1976, 1976-1985 (codified at 18 U.S.C. § 3141-3150) (effective October 12, 1984). Regarding the criteria for determining whether a convicted defendant should be released on bond pending appeal, the Act now provides:

  The judicial officer shall order that a person who has been
  found guilty and sentenced to a term of imprisonment, and who
  has filed an appeal . . . be detained, unless the judicial
  officer finds —
    (1) by clear and convincing evidence that the person is not
    likely to flee or pose a danger to the safety of any other
    person or the community if released . . . and
    (2) that the appeal is not for the purpose of delay and
    raises a substantial question of law or fact likely to result
    in ...

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