Fourth Circuit Court of appeals McDonnell decision

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Former Virginia Governor Bob McDonnell will remain out of prison while his appeal is reviewed.

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FILED: January 26, 2015
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
___________________
No. 15-4019
(3:14-cr-00012-JRS-1)
___________________

UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ROBERT F. MCDONNELL
Defendant - Appellant
and
ANTHONY FRANCIS TROY; MARY SUE TERRY; STEPHEN DOUGLAS
ROSENTHAL; ANDREW P. MILLER; J. MARSHALL COLEMAN; MARK L.
EARLEY; NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS;
NANCY GERTNER, Law Professor; CHARLES J. OGLETREE, JR., Law
Professor;
Amici Supporting Appellant
___________________
ORDER
___________________
Upon consideration of the submissions relative to appellant's motion for
release pending appeal pursuant to 18 U.S.C. § 3143(b), the court finds, by clear

and convincing evidence, that appellant is not likely to flee or pose a danger to the
safety of any other person or the community if released. The court further finds that
the appeal is not for the purpose of delay and raises a substantial question of law or
fact that, “if decided in favor of the accused” is “important enough” to warrant
reversal or a new trial. United States v. Steinhorn, 927 F.2d 195, 196 (4th Cir.
1991) (per curiam).
The court grants appellant's motion and releases appellant on his own
recognizance pending appeal, subject to the same conditions imposed by the district
court for release pending trial.
The court will hear this case on the following expedited schedule:
Opening Brief and Joint Appendix:

Due March 2, 2015

Response Brief:

Due March 26, 2015

Reply Brief, if any:

Due April 8, 2015

Oral Argument will be held on May 12, 2015, in Richmond, Virginia, and is
not subject to continuance.
For the Court
/s/ Patricia S. Connor, Clerk

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