FILED
01 MAR 29 PM 1 37

 

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

UNITED STATES OF AMERICA,       )       CR 01-11-GF-DWM

        Plaintiff/Appellee,     )       ORDER

                vs.             )

BARRY ADAMS,                    )

        Defendant/Appellant.    )

_________________________________________________________

 

On March 22, 2001, Defendant/Appellant Barry Adams moved for reconsideration of the Court's Order of March 15, 2001, denying his motion for a stay execution of sentence pending appeal.

In support of his motion for stay, Adams advanced the argument that the government failed to comply with 36 C.F.R. 251.54 (h)(2), which, Adams noted, is currently codified at 36 C.F.R. 251.54 (g)(3)(iii). See No. CR 01-11-GF-DWM, Adams' Br. in Support of Release (dkt # 86) at 8 n. 9. The Court did not find in 251.54 (g)(3)(iii) the provision that Adams referred to.

A closer look indicates that Adams' citation was incorrect. 36 C.F.R. 251.54 (g)(3)(i) provides "All applications for noncommercial group use shall be deemed granted and an authorization shall be issued... unless applications are denied

[1]


 

within 48 hours of receipt." Adams alleges that the Government did not deny the Rainbow Family's application within 48 hours. The government did not refute this allegation. There may be evidence that the application was not made or was denied or that the authorization was revoked. However, if the regulation was violated, Adams' conviction might be reversed or his sentence remanded.

Accordingly, IT IS HEREBY ORDERED that Adams motion to reconsider (dkt # 93) is GRANTED. Adams motion for release pending appeal (dkt # 86) is GRANTED. Adams shall be subject to supervision by the United States Probation Office under conditions to be established by United States Magistrate Judge Richard F. Cebull.

IT IS FURTHER ORDERED that this matter is REFERRED to United States Magistrate Judge Richard F. Cebull for the limited purpose of setting conditions for Defendant/Appellant's release pending completion of the appeal, pursuant to 18 U.S.C. 3142 (b) or (c). DATED this 29th day of March, 2001.

 

__________ /-s-/___________
DONALD W. MOLLOY, CHIEF JUDGE
UNITED STATES DISTRICT COURT