The opinion of the court was delivered by: Bua, District Judge.
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
18 U.S.C. § 3148, repealed by, Comprehensive Crime Control
Act of 1984, ch. I § 203, 98 Stat. 1976.
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18 U.S.C. § 3146, repealed by, Comprehensive Crime Control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