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Court order setting Dewey MacKay's prison date

Court order setting Dewey MacKay's prison date

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U.S. District Court Judge Dee Benson this week finally ordered convicted Brigham City doctor Dewey C. MacKay to report to prison on April 30.
U.S. District Court Judge Dee Benson this week finally ordered convicted Brigham City doctor Dewey C. MacKay to report to prison on April 30.

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Published by: The Salt Lake Tribune on Mar 09, 2012
Copyright:Attribution Non-commercial

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03/09/2012

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UTAH
IN THE UNITED STATES COURT
FOR
DISTRICT OF UTAH CENTRAL DIVISION The Court is
in
receipt
of
the Government's motion to set April 2, 2012 as the date for thedefendant to self-report for the beginning
of
the service
of
his sentence. The defendant hasresponded to the motion by requesting the court to allow him to remain free from incarcerationuntil after his appeal has been fully briefed, and in any event not before June 22, 2012. Thedefendant bases his request on a comment this court made during the January 11,2012 hearing tothe effect that the defendant would be entitled to reassert his motion for release pending appealafter the appeal is fully briefed. Tr.
of
Jan.
11,2012
hrg. at 43:7-12.Since the January 11,2012 hearing, at which the court denied from the bench defendant'sUNITED STATES OF AMERICA,Plaintiff,vs.DEWEY
C.
MacKAY, III,Defendant.
ORDER
Case
No.1:
10cr00094Judge Dee Benson
Case 1:10-cr-00094-DB Document 322 Filed 03/08/12 Page 1 of 3
 
motion for release pending appeal, the Tenth Circuit Court
of
Appeals has considered an appeal
ofthat
decision and affirmed it
in
its entirety
on
February
22,2012.
In doing so, the Court
of
Appeals determined,
just
as this court did at the January hearing, that the defendant had failed
to
present a "substantial question for appeal."The reason for this court's comment at the January hearing was that the defense may needadditional time to evaluate and consider the issues that would
be
presented
on
appeal. The mostimportant factor with respect to a motion for release pending appeal is whether the appeal willpresent issues
of
sufficient substance, possible merit, and unpredictability so as to present a realpossibility that the defendant's appeal will succeed. In the face
of
such substantial issues, it
may
be that the defendant's conviction will
be
set aside and the punishment attached to it will never
be
required.
It
would be unfair in the extreme to punish a person for a crime for which he
wasn't
fairly convicted. The court was not apprised
of
any such substantial issues at the Januaryhearing,
but
thought at the time that the defense had perhaps not had sufficient time
to
fullyassess the issues that would be raised
on
appeal.The
court's
comment, therefore, anticipated the possibility with more time that thedefense may recognize a possible error in the conduct
of
the trial that could rise to the level
of
"substantial." Hence, the
court's
statement that "additional research and thinking
on
the subject"may "shed
new
light
on
the issues." This contingency has apparently not presented itself, eventhough we are
now
fully two months removed from the January hearing. No
new
grounds areasserted for a further extension
of
time, only the reference to this court's previous statement.Under these circumstances, there appears to the court no reason to further extend the beginning
of
defendant's sentence. Defendant is hereby ordered to report to a facility designated
by
the2 
Case 1:10-cr-00094-DB Document 322 Filed 03/08/12 Page 2 of 3

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