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United States of America v. Tony Devaughn Nelson

February 21, 2012

UNITED STATES OF AMERICA
v.
TONY DEVAUGHN NELSON



ORDER

This case is before the Court on Defendant Tony Devaughn Nelson's Motion for Release Pending Appeal (Doc. 393), as amended (Doc. 404), and supplemented (Doc. 405). The government has filed a response in opposition (Doc. 406).

For an individual convicted of an offense to be entitled to release pending appeal pursuant to 18 U.S.C. § 3143(b)(1), the Court must find: (1) by clear and convincing evidence that the person is not likely to flee or pose a danger to the community if released; (2) the appeal is not for purposes of delay; and (3) the appeal raises a substantial question of law or fact likely to result in reversal or an order for new trial. As to the "substantial question" portion of the analysis, the defendant must demonstrate not only that his appeal will raise a substantial question of law or fact, but must also show that "if that substantial question is determined favorably to the defendant on appeal, that decision is likely to result in reversal or an order for a new trial of all counts on which imprisonment has been imposed." United States v. Giancola, 754 F.2d 898, 900 (11th Cir. 1985) (citation omitted).

The Court finds defendant has satisfied the first two requirements; however, the Court determines defendant has failed to meet the substantial question requirement as set forth in 18 U.S.C. § 3143(b)(1) and Giancola. While this was admittedly a difficult and complex case, defendant has not identified any factual or legal error that is likely to result in reversal or an order for a new trial that would alter the imposed term of imprisonment.*fn1 Defendant's original and amended motions for release pending appeal, as supplemented, (Docs. 393, ...


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