UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,Plaintiff - Appellee,v.MICHAEL S. IOANE,Defendant - Appellant. No. 12-10068D.C. No. 1:09-cr-00142-LJO-3Eastern District of California,FresnoORDER Before: GRABER and N.R. SMITH, Circuit Judges.Appellant’s motion for bail pending appeal is granted. Appellant has shown, by clear and convincing evidence, that appellant is not likely to flee or to pose adanger to the safety of any other person or the community if released. Appellanthas also shown that the appeal raises a “substantial question” of law or fact that is“fairly debatable,” and that “if that substantial question is determined favorably todefendant on appeal, that decision is likely to result in reversal or an order for anew trial of all counts on which imprisonment has been imposed.”
United States v. Handy
, 761 F.2d 1279, 1283 (9th Cir. 1985);
see also
18 U.S.C. § 3143(b).The matter is remanded to the district court for the limited purpose of establishing appropriate conditions of release.
FILED
MAR 20 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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MT/MOATT12-10068
2
The briefing schedule established previously shall remain in effect.
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