UNITED STATES v. VALERA-ELIZONDO

No. 84-2715.

761 F.2d 1020 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar VALERA-ELIZONDO and Raul Valera-Garza, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 14, 1985.


Attorney(s) appearing for the Case

Yzaguirre, Chapa & Rocha, Roberto J. Yzaguirre, McAllen, Tex., for defendants-appellants.

Daniel K. Hedges, U.S. Atty., Susan L. Yarbrough, Asst. U.S. Atty., Houston, Tex., Samuel Rosenthal, Dept. of Justice, Washington, D.C., plaintiff-appellee.

Before JOHNSON, JOLLY, and HILL, Circuit Judges.


JOHNSON, Circuit Judge:

This appeal from an order denying bail pending appeal involves an interpretation of the provision of the Bail Reform Act of 1984, 18 U.S.C. § 3143(b), which provides that a defendant shall be detained pending appeal of a conviction unless the court finds that the appeal "raises a substantial question of law or fact likely to result in reversal or an order for a new trial." Because we conclude that the district court misconstrued this provision...

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