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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
UNITED STATES OF AMERICA,
v.
ROBERT F. MCDONNELL
MAUREEN G. MCDONNELL
)
))
)
)
)
CRIMINAL NO. 3:14-CR-00012
JUDGE JAMES R. SPENCER
DEFENDANT ROBERT F. MCDONNELLS MOTION # 51
MOTION FOR RELEASE PENDING APPEAL
Defendant Robert McDonnell, by and through undersigned counsel,
moves for release
pending appeal, pursuant to 18 U.S.C. 3143(b). A proposed Order
is attached for the
convenience of the Court.
The standard for granting bond pending appealwhere there is no
risk of flight, no
danger to the community, and the appeal is not taken solely for
purposes of delayis whether
the appeal presents a substantial question of law or fact that,
if successful, is likely to result in
reversal or an order for a new trial of all counts on which
imprisonment has been imposed.
United States v. Miller, 753 F.2d 19, 24 (3d Cir. 1985)
(construing 18 U.S.C. 3143(b)). For the
reasons set forth in the accompanying Memorandum, Mr. McDonnell
respectfully submits that
his appeal will present several questions that satisfy this
standard. He therefore requests that the
Court grant the present motion.
Case 3:14-cr-00012-JRS Document 601 Filed 01/05/15 Page 1 of 3
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Dated: January 5, 2015 Respectfully submitted,
/s/ Jonathan A. Berry
Henry W. Asbill (pro hac vice)Noel J. Francisco (pro hac
vice)
James M. Burnham (pro hac vice)
Jonathan A. Berry (VSB No. 81864)JONES DAY
51 Louisiana Avenue, N.W.
Washington, DC 20001Telephone: (202) 879-3939
Facsimile: (202) 626-1700
John L. Brownlee (VSB No. 37358)
HOLLAND & KNIGHT LLP800 17th Street N.W.Suite 1100
Washington, DC 20006
Telephone: (202) 828-1854Facsimile: (202) 955-5564
Counsel for Robert F. McDonnell
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CERTIFICATE OF SERVICE
I, Jonathan A. Berry, am a member of the Bar of this Court. I
hereby certify that on this
5th day of January, 2015, I caused the foregoing to be
electronically filed with the Clerk of Court
using the CM/ECF system, causing it to be served on all
registered users.
Dated: January 5, 2015 Respectfully submitted,
/s/ Jonathan A. Berry
Jonathan A. Berry (VSB No. 81864)
JONES DAY51 Louisiana Avenue, N.W.Washington, DC 20001
Telephone: (202) 879-3939
Facsimile: (202) 626-1700Email: [email protected]
Counsel for Robert F. McDonnell
Case 3:14-cr-00012-JRS Document 601 Filed 01/05/15 Page 3 of 3
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
UNITED STATES OF AMERICA,
v.
ROBERT F. MCDONNELL
MAUREEN G. MCDONNELL
)
))
)
)
)
CRIMINAL NO. 3:14-CR-00012
JUDGE JAMES R. SPENCER
[PROPOSED] ORDER
Upon consideration of Defendant Robert F. McDonnells Motion # 51
Motion for
Release Pending Appeal, the Court hereby finds as follows:
1. Mr. McDonnells appeal presents a substantial question of law
or fact that, if Mr.
McDonnell prevails on appeal, is likely to result in reversal or
an order for a new trial of all
counts on which imprisonment has been imposed. See United States
v. Steinhorn, 927 F.2d 195,
196 (4th Cir. 1991) (construing 18 U.S.C. 3143(b)).
2. By clear and convincing evidence, Mr. McDonnell is not likely
to flee or pose a
danger to the safety of any other person or the community if
released pending appeal.
3. Mr. McDonnells appeal is not taken for the purpose of
delay.
It is therefore ORDERED that the Motion is GRANTED. Mr.
McDonnell is granted
bond pending appeal, under the same conditions imposed pending
trial, until his conviction and
sentence of imprisonment become final or his sentence of
imprisonment is vacated.
IT IS SO ORDERED.
Dated:_____________________ _________________________James R.
Spencer
United States District Judge
Case 3:14-cr-00012-JRS Document 601-1 Filed 01/05/15 Page 1 of 1
PageID# 17534
