Gilbert v. United States

610 F.3d 716, 2010 WL 2612358

Opinion

BY THE COURT:

Presently before the court are:

1. Motion by Defendant/Appellant Gilbert for Release Pending Appeal/Remand;

2. United States’ Response to Gilbert’s Motion for Release Pending Appeal/Remand;

3. United States’ Unopposed Motion for Immediate Stay of the Mandate Pending Final Disposition of Possible Petition for Rehearing En Banc; and,

4. Appellant Gilbert’s Response to the Government’s Motion to Stay the Mandate.

We deal with these motions and responses as follows:

1. Defendani/Appellant Gilbert’s Motion for Release Pending Appeal/Remand is GRANTED. The motion and this order are remanded to the district court for the district court, expeditiously, to impose conditions, if any, upon Gilbert’s release.

2. Inasmuch as a judge of this Court has caused the mandate to be held, the Government’s motion for immediate stay of the mandate is DENIED, AS MOOT.