NanoTech Entertainment Inc (NTEK)

[shajandr]

"it could simply deny Foley's motion without waiting for a filing in opposition."

It COULD, but the Ninth Circus likely won't until there is an opposition brief and the full trial record transcripts are forwarded on the 26th. The Ninth is the most lenient in these matters of all Federal circuits and make sure they hear everything.

Here's my prediction. mark it down.

The DOJ files an opposition brief opposing bail. There is an oral hearing. The assigned Ninth Circus judge rules that the trial court did not enunciate the reasons for denying bail and grants temporary bail pending the district court issuing a new denial with reasons. It gets kicked to the District court judge who reissues a denial of bail on the basis that there is no legal issue presented which presents a legitimate dispute in view of the explicit prohibition in the plea agreement against appealing the sentence. This goes back to the Ninth Circus who, in view of that reasoning, upholds the denial of bail, the temp bail is revoked, and Foley goes into the JOYNT while the appeal proceeds.

Free time bought: couple/few weeks.