KRIS A. MCLEAN'
Assistant U.S. Attorney
P.O. Box 8329
Missoula, Montana 59807
406-542-8851
ATTORNEY FOR THE UNITED STATES
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
VS. CR 01-11-GF-DWM
BARRY ADAMS,
Defendant
GOVERNMENT'S OPPOSITION TO
DEFENDANT ADAMS' MOTION FOR
RECONSIDERATION
Defendant has moved this Court to reconsider its order
denying his motion for release pending appeal. As grounds for
his motion the defendant asserts only that it is likely he will
have served the entirety of his sentence by the time this Court
resolves the appeal. In support of his argument, defendant sites
United States v. McManus, 651 F.Supp. 382 (D. Md. 1987). In that
case, the district court held that defendant was entitled to bail
pending appeal due to "extenuating circumstances". The
extenuating circumstances recited by that Court include, an outpouring
of support in the form of sentencing letters, a long history of
civic service, the defendant's wife's debilitating medical condition,
and the likelihood that defendant would serve most of his sentence
before the completion of the appeal process. Here, defendant has
no letters of support, no history of civic duty, and no wife with
a debilitating medical condition. This Court has already considered
the factors set forth in 18 U.S.C. §3143(b) in denying defendant's
motion for.bail pending appeal.
Nothing in defendant's motion for reconsideration should
change that determination. This Court should deny defendant's
motion for reconsideration.
DATED this 27th day of March, 2001.
SHERRY SCHEEL MATTEUCCI
United States Attorney
KRIS A. MCLEAN
Assistant U.S. Attorney