United States District Court, W.D. Virginia, Abingdon Division
Randy Ramseyer, Assistant United States Attorney, Abingdon, Virginia, for United States.
Timothy J. LaFon, Ciccarello, Del Giudice & LaFon, Charleston, West Virginia, for Defendant William "Bill" F. Adams, Jr.
Michael A. Bragg, Bragg Law, Abingdon, Virginia, for Defendant John B. Ward.
OPINION AND ORDER
JAMES P. JONES, District Judge.
The defendants, William "Bill" F. Adams, Jr. ("Adams") and John B. Ward ("Ward"), have each moved for a stay of sentence and a continuation of their release pending appeal. For the following reasons, I will deny the defendants' motions.
The Federal Rules of Criminal Procedure provide that a sentence of imprisonment must be stayed if an appeal is taken and the defendant is released pending disposition of the appeal. Fed. R. Crim. P. 38(b)(1). The Federal Rules of Appellate Procedure provide that the decision regarding release must be made in accord with the applicable provisions of the Bail Reform Act. See Fed. R. App. P. 9(c). That Act provides, in pertinent part, that the court:
[S]hall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds-
(A) 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
(B) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in-
(ii) an order for a new trial,
(iii) a sentence that does not include a term of imprisonment, or
(iv) a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected ...