avers that the defendant’s motion is premature, that the United States has not been provided adequate time to respond, and that in the defendant’s case, release pending appeal is not authorized.A.
Defendant’s motion is premature
: For defendant’s motion for release pending appeal to be ripe for resolution, three events have to have occurred: thedefendant must have been found guilty, he must have been sentenced toincarceration, and he must have filed an appeal. In this case, as of the time of thefiling of defendant’s motion, only the first of these has occurred. The defendanthas not yet been sentenced (although this is anticipated), and he has not yet filedhis appeal. Consideration of his motion for release pending appeal should bedeferred until such time as it is properly before the Court.B.
The Government has not been provided time to respond to defendant’smotion
. Pursuant to the Rules of Criminal Procedure, the United States is entitledto 14 days to respond to the defendant’s motion. The motion was filed onSaturday December 17, 2011, well after the end of business hours on the last business day before sentencing. The government was provided with noopportunity to respond.The government disagrees that the defendant qualifies for release pending
Case 1:10-cr-00094-DB -PMW Document 281 Filed 12/18/11 Page 2 of 5