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
BARRY ADAMS, )
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
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was revoked.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.
DONALD W. MOLLOY, CHIEF JUDGE
UNITED STATES DISTRICT COURT