United States District Court, D. Maryland
MEMORANDUM OPINION AND ORDER
PETER J. MESSITTE, District Judge.
Defendant Nader Modanlo has filed a Motion for Release Pending Appeal in the captioned case. The Government opposes the motion. For the following reasons the Court denies the motion.
After a jury trial lasting 27 days, Modanlo was convicted of the following offenses: one count of conspiracy to violate the International Emergency Economic Powers Act ("IEEPA"), in violation of 18 U.S.C. § 371 (Count 1); two counts of substantive violations of IEEPA, in violation of 50 U.S.C. § 1705(b) (Counts 3-4); six counts of money laundering, in violation of 18 U.S.C. §§ 1956(a)(2)(A) (Count 5) and 1957 (Counts 6-10); and one count of obstruction of official proceedings - specifically, bankruptcy court proceedings - in violation of 18 U.S.C. § 1512(c)(2) (Count 11).
The Court subsequently sentenced Defendant to 96 months imprisonment - that is, concurrent sentences of 96 months on nine counts of conviction and 60 months (the statutory maximum) concurrent on the remaining count - followed by three years of supervised release. The Court also imposed special assessment fees and entered a criminal forfeiture order.
On January 17, Modanlo filed the instant motion. He contends that he is an appropriate candidate for release pending appeal. The Court disagrees.
Rule 9 of the Federal Rules of Appellate Procedure provides that, with respect to appeals of convictions, the court should make its decision regarding release in accordance with the applicable provisions of 18 U.S.C. § 3143.
That paragraph provides in pertinent part as follows:
(b) Release or detention pending appeal by the defendant.-(1) Except as provided in paragraph (2), 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-
(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 under section 3142(b) or (c) of this title; 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 ...