(Download) "United States v. Ashman" by United States Court of Appeals for the Seventh Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Ashman
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 18, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Order In May 1992, several appellants asked this court to reconsider our April 29, 1992 opinion imposing sanctions for abuse of court processes. On May 7, 1992, the court decided that the appellants' claims regarding the imposed sanctions should be resolved at the time of the full hearing. We now unanimously lift those sanctions. In our published Disposition of this consolidated appeal, we will include the substance of this order. Appellants also renew their motions for bond pending resolution of this appeal. After careful consideration of the parties' filings and oral argument, a majority of us agree with both the district court and an earlier panel of this court that determined that the appellants have not satisfied their burden under 18 U.S.C. § 3143(b). As the district court properly noted, that statute provides that a court may allow a convicted defendant to remain free on bond pending appeal if: (1) the defendant is not likely to flee or pose a danger to the community, (2) the appeal is not for the purpose of delay, and (3) the appeal raises a ""substantial question of law or fact"" likely to result in reversal, an order for a new trial, a sentence that does not include a term of imprisonment, or a sentence that reduces the term of imprisonment. See 18 U.S.C. § 3143(b). There is no dispute that the appellants satisfy the first two conditions. The point of contention centers upon the third condition, whether this appeal is likely to result in reversal.
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