United States of America, Plaintiff-appellee, v. Charles Frank Diaz, Defendant-appellant, 977 F.2d 596 (10th Cir. 1992)

Defendant-appellant Charles Frank Diaz appeals the district court's denial of his motion for release pending appeal.

The district court has found defendant to be neither a flight risk nor a danger to the community. United States v. Diaz, No. 92-48J-01, Order Revoking Probation and Sentencing at 3 (D.N.M. July 29, 1992). Further, the government admits that defendant's appeal is not brought for purposes of delay. See 18 U.S.C. § 3143. We conclude that defendant's appeal also raises a substantial question of law likely to result in a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process. See 18 U.S.C. § 3143(b) (1) (B) (iv).

Based on the district court's findings and our technical legal review, the order of the District Court for the District of New Mexico denying defendant's motion for release pending appeal is hereby REVERSED. The district court shall promptly release defendant on whatever conditions are appropriate. Appellee's motion to file its memorandum brief out of time is GRANTED.

The mandate shall issue forthwith.