United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 February 28, 2008 Before FRANK H. EASTERBROOK, Chief Judge WILLIAM J. BAUER, Circuit Judge RICHARD A. POSNER, Circuit Judge Nos. 07-4080, 08-1030 & 08-1072 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CONRAD M. BLACK, PETER Y. ATKINSON and JOHN A. BOULTBEE, Defendants-Appellants. Appeals from the United States District Court for the Northern District of Illinois, Eastern Division.
No. 05 CR 727 Amy J. St. Eve, Judge. Order
The motion of defendants Atkinson and Boultbee for release on bond pending appeal is granted, and that of defendant Black is denied. The court believes that all three defendants have raised a “substantial”question, see 18 U.S.C. §3143(b)(1)(B), concerning counts 1 and 6 of the indictment, given the role that the intangible-rights theory played in the charge and instructions. Whether such a question has been raised concerning count 7 (which did not entail an intangible-rights theory) or count 13 (an obstruction-of-justice charge that pertains to defendant Black only) is less clear. Although we do not foreordain the outcome of the appeal--that is, we do not imply either that the convictions on counts 1 and 6 will be reversed, or those on Nos. 07-4080, 08-1030 & 08-1072 Page 2 counts 7 and 13 will not be reversed--the sentences of Atkinson and Boultbee are sufficiently short that, if their convictions on counts 1 and 6 should be reversed, they might well receive on count 7 alone sentences that are less than the time that would be required for this court to make a final decision. It is therefore appropriate for them to be released on bond pending appeal. 18 U.S.C. §3143(b)(1)(B)(iv). Defendant Black, by contrast, not only has been sentenced to 60 months on count 7 but also has been convicted on count 13 and sentenced on that count to 78 months, substantially longer than the normal course of an appeal. Accordingly, the bond previously granted by the district court to defendants Atkinson and Boultbee is continued, on the same terms, until the appeal has been decided. If the judgment should be affirmed, they must report to prison within ten days, without waiting for the mandate to issue, unless the merits panel further extends the appellate bond. Defendant Black must report to prison on or before March 3, as required by the district court's order.
For an excellent accounting read my colleague Matthew McClearn's take on the trial in Canadian Business.