United States v. McPhilomy ( 2000 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
AUG 21 2000
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 00-4138
(D.C. No. 99-CR-555-C)
MICHAEL MCPHILOMY, JR., (D. Utah)
Defendant-Appellant.
ORDER AND JUDGMENT *
Before EBEL, KELLY, and LUCERO, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
Appellant Michael McPhilomy, Jr., appeals from a district court order
denying him release on bail pending appeal of his sentence following conviction
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
of depredation of government property, in violation of 18 U.S.C. § 1361, and
theft of public property, in violation of 18 U.S.C. § 641. Based upon our review
of the parties’ briefs and appellant’s Appendix, we conclude that appellant has
not met the burden of demonstrating the existence of a substantial question of
law or fact likely to result in reversal, an order for a new trial, a sentence that
does not include a term of imprisonment, or a reduced sentence. See 18 U.S.C.
§ 3143(b)(1)(B); Fed. R. App. P. 9(c); United States v. Affleck , 765 F.2d 944,
953 (10th Cir. 1985).
Accordingly, the judgment of the United States District Court for the
District of Utah is AFFIRMED.
ENTERED FOR THE COURT
PER CURIAM
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