United States District Court, D. Maryland
MEMORANDUM AND ORDER
Marvin J. Garbis United States District Judge
The Court has before it Defendant Blythe's Motion to Stay Imprisonment Pending Appeal [ECF No. 102] and the materials submitted relating thereto. The Court finds that a hearing is unnecessary.
Judge Quarles conducted a nine-day jury trial in which Defendant Blythe was convicted of conspiracy to commit bank fraud, bank fraud, and two counts of making a false statement to a bank. On December 14, 2015, Judge Quarles sentenced Defendant Blythe to serve 12 months and one day on each of the four counts of conviction, to be served concurrently. Judge Quarles Ordered Defendant Blythe to appear and commence serving her sentence on February 22, 2016. The docket does not indicate that Defendant Blythe filed any post-conviction motion for consideration by Judge Quarles. On December 18, 2015, Defendant Blythe filed a Notice of Appeal. Defendant Blythe did not file a motion seeking release pending the appeal for consideration by Judge Quarles who had tried the case and was fully familiar with the issues. Rather, she waited almost two months and filed the instant motion the week after Judge Quarles retired. The undersigned judge - to whom the case was assigned following the filing of the instant motion - has considered the record and the parties' respective submissions in reaching this decision.
B. STATUTORY REQUIREMENT
The pertinent statute, 18 U.S.C. § 3143(b)(1) provides that a sentencing judge:
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 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.
Defendant Blythe has shown, by clear and convincing evidence that she is not a flight risk and does not pose a danger to the safety of any person or the community. The Court will assume that the appeal was not filed for purpose of delay, that is, that Defendant Blythe's counsel believe that the appeal presents nonfrivolous issues. However, the Court does not find that the appeal raises a substantial question ...