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UNITED STATES v. LEECH

February 4, 1985

UNITED STATES OF AMERICA
v.
THOMAS E. LEECH, ROBERT M. LEECH



The opinion of the court was delivered by: WEBER

 WEBER, D.J.

 Thomas and Robert Leech were each found guilty by a jury on November 8, 1984 on three counts involving false corporate income tax returns and three counts of tax evasion on their personal income tax returns. On January 15, 1985, sentences of imprisonment, probation and fines were imposed on each. On January 16, 1985 they filed a notice of appeal and on January 22, 1985 they filed a motion for bond pending appeal.

 On October 12, 1984 the Comprehensive Crime Control Act of 1984 was signed into law imposing new conditions for release on bond on appeal. The Act is applicable to these defendants. As applied to defendants the Act is not an unconstitutional ex post facto law. United States v. Miller, 3d Cir. 1985, 753 F.2d 19. The defendants have abandoned this ground raised in their motion.

 The criteria for release on appeal are set forth in Section 3143 of the Act:

 
(b) RELEASE OR DETENTION PENDING APPEAL BY THE DEFENDANT.
 
The judicial officer . . . shall 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 --
 
(1) 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
 
(2) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in a reversal or an order for a new trial.

 We have no difficulty with the first section as we had announced at the time of sentencing and we hereby make the finding required of Section 3143(b) (1).

 We are instructed by that opinion that "a court must determine that the question raised on appeal is a 'substantial' one, i.e. it must find that the significant question at issue is one which is either novel, which has not been decided by controlling precedent or which is fairly doubtful." (Slip Opinion, p. 8).

 Further the court "must determine that the issue is sufficiently important to the merits that a contrary appellate ruling is likely to require a reversal or a new trial." (Slip Opinion, p. 8).

 Finally, the issue must be one that is "likely to result in reversal or an order for a new trial on all counts on which a sentence of ...


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