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United States of America v. Livingston

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 30, 2011

UNITED STATES OF AMERICA,
PLAINTIFF-APPELLEE,
v.
LIVINGSTON,
DEFENDANT-APPELLANT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER

Defendant JEFF LIVINGSTON's request for a stay is GRANTED, but not as requested. The self-surrender date now set for October 31, 2011 is reset. The new self-surrender is Monday, November 7, 2011. That date will only change if the Ninth Circuit deems it appropriate to issue an emergency stay based on the filing of an emergency motion for release pending appeal with the United States Court of Appeals for the Ninth Circuit.

The Court takes exception in the Request To Stay Self-Surrender Date at page 2, 15-16 where in it is represented that the Court initially concluded that the issue on appeal raised a substantial question. There was extensive discussion on the record, and ultimately the made it clear that the "substantial question" was one of fact for the jury to decide, but that there was no substantial question on the legal admissibility of the evidence to the jury.

IT IS SO ORDERED.

20111030

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