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U.S. v. BROWN

No. CRIM.1:CR-02-146-02.

356 F.Supp.2d 470 (2005)

UNITED STATES of America v. Franklin C. BROWN

United States District Court, M.D. Pennsylvania.

February 10, 2005.

Attorney(s) appearing for the Case

Kim Douglas Daniel, U.S. Attorney's Office, Harrisburg, PA, for USA, Plaintiff.

Ellen C. Brotman, Carroll & Brotman, John Rogers Carroll, Carroll & Brotman, Philadelphia, PA, Peter Goldberger, Law Office of Peter Goldberger, Ardmore, April A. Oliver, Steptoe & Johnson, LLP, Erik L. Kitchen, Steptoe & Johnson, LLP, Washington, DC, Joseph U. Metz, Dilworth Paxson LLP, Harrisburg, Matthew L. Stennes, Steptoe & Johnson, LLP, Reid H. Weingarten, Steptoe & Johnson, LLP, Washington, DC, for Franklin C. Brown (2), Defendant.

Edward F. Mannino, Akin, Gump, Strauss, Hauer & Feld, LLP, Jason A. Snyderman, Akin, Gump, Strauss, Hauer & Feld, LLP, Philadelphia, PA, Erie Sitarchuk, Ballard, Spahr, Andrews & Ingersoll, Paul Lantieri, III, Philadelphia, PA, for Rite Aid Corporation, Unknown Party Type.

MEMORANDUM

RAMBO, District Judge.

Before the court is Defendant's Motion for Bail Pending Appeal (Doc. 772). In the motion, Defendant offers five issues that he asserts justify his release from incarceration during appeal under 18 U.S.C. § 3143(b)(1). The court recently granted Defendant's motion in part. (See Doc. 784.) Specifically, the court concluded that its decision to rule the United States Sentencing Guidelines (the "Guidelines...

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