United States v. Giannone , 280 F. App'x 247 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4357
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JONATHAN GIANNONE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Cameron McGowan Currie, District
Judge. (3:06-cr-01011-CMC-1)
Submitted: May 13, 2008 Decided: June 2, 2008
Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jonathan Giannone, Appellant Pro Se. Dean Arthur Eichelberger,
OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jonathan Giannone appeals the district court’s oral order
denying his motion for bail pending appeal. We have reviewed the
record and find that Giannone failed to show that his appeal will
raise a substantial question of law or fact likely to result in
either reversal, an order for a new trial, a sentence that does not
include a term of imprisonment, or a reduced sentence to a term of
imprisonment less than the total of time already served plus the
expected duration of the appeal process. See 18 U.S.C. §
3143(b)(1)(B); United States v. Steinhorn, 927 F.2d 195, 196 (4th
Cir. 1991). Accordingly, we affirm.* We also deny his motion for
appointment of counsel, and dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED
*
Because Giannone’s direct appeal is not yet ripe, our
affirmance of the district court’s denial of Giannone’s motion for
bail pending appeal should not be construed as forecasting our
disposition of the direct appeal.
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