United States District Court, E.D. Pennsylvania
For JAY STOUT, Defendant: JEROME C. FINEFROCK, LEAD ATTORNEY, RANCK & RANCK PC, LANCASTER, PA; JULIE D. LATHIA, LEAD ATTORNEY, THE LAW OFFICES OF JULIE D. LATHIA, WEST CHESTER, PA.
For USA, Plaintiff: ARLENE D. FISK, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, PHILADELPHIA, PA.
Harvey Bartle III, J.
January 6, 2015 Before the court is the application of defendant Jay Stout (" Stout") for release pending appeal.
On April 9, 2014, a jury convicted Stout of conspiracy (18 U.S.C. § 371), three counts of fraud involving aircraft parts (18 U.S.C. § 38(a)(1)), two counts of mail fraud (18 U.S.C. § 1341), and two counts of obstruction of justice (18 U.S.C. § 1519). He was acquitted of three counts of mail fraud and three counts of wire fraud. On August 25, 2014, Stout filed a motion for a new trial based on newly discovered evidence. We denied that motion on October 14, 2014. On November 4, 2014, he was sentenced to five years' imprisonment, and thereafter he filed a Notice of Appeal. It was not until a week before he was to self-surrender to begin his sentence that he filed his current application for release pending appeal.
Stout argues that his release is justified under 18 U.S.C. § 3143(b)(1). In relevant part, § 3143(b)(1) provides:
[A] 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 . . . 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 duration of the appeal process.
If the judicial officer makes such findings, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c) of this title, except that in the circumstance described in subparagraph (B)(iv) of this paragraph, the judicial officer shall order ...