George James Barnard v. United States

The United States District Court for the District of Oregon denied motions for admission to bail pending appeal on behalf of defendants William Mack Las-siter and George James Barnard, two of ten defendants convicted of participating in a conspiracy and scheme to defraud in violation of 18 U.S.C. §§ 371 and 1341. The court based its denial of bail upon the ground that the appeals were “frivolous or taken for delay” within the meaning of Rule 46(a) (2) of the Federal Rules of Criminal Procedure. The court expressly declined to certify that there was substantial risk that either defendant would flee if released on bond.

Among the grounds of appeal asserted by both defendants are certain alleged errors which are also presented in the earlier appeal of a co-defendant, Philip Weinstein, now pending in this court. Another panel of this court has recently granted defendant Weinstein’s motion for release on bail, and has thus necessarily determined that the common grounds of appeal are sufficient to meet the requirements of Rule 46(a) (2). Accordingly, the motions of defendants Lassiter and Barnard for bail pending appeal must also be granted.

An examination of a partial transcript of…