United States v. William D. Mett and Marvin L. Wiseman

ORDER

Appellants William D. Mett and Marvin L. Wiseman are moving for bail pending appeal of the denial of their joint motion for a new trial under Fed.R.Crim.P. 33 and motion to vacate their sentences under 28 U.S.C. § 2255 .

Appellants were convicted in 1990 for multiple counts of mail and wire fraud. Appellants appealed their convictions and were granted bail pending appeal. This court affirmed their convictions in April, 1993, and denied rehearing in November, 1993. The Supreme Court denied certiorari on April 19, 1994.

Subsequently, the district court granted appellants a stay of sentence to settle their business and personal affairs. Appellants then filed a motion for a new trial and to vacate the sentence. Appellants argued, in part, that there was a conflict of interest among appellants and counsel and that the government failed to disclose exculpatory evidence. The district court conducted an evi-dentiary hearing and denied the motion. Appellants moved for bail pending appeal, which the district court denied on October 17,1994. Appellants now move this court for bail pending appeal.

Appellants maintain that their motion for bail pending appeal is governed by the Bail…