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