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Matthew Keys

Motion fails, must report to prison

21 Jul, 2016

The 9th US Circuit Court of Appeals announces that there is¬†nothing novel about Keys’¬†conviction and that he is likely to lose on appeal. Therefore, the court rules (source), he should begin serving his time even while his appeal is pending.

Appellant has not shown that the appeal raises a “substantial question” of law or fact that is “fairly debatable,” and that “if that substantial question is determined favorably to defendant on appeal, that decision is likely to result in reversal or an order for a new trial of all counts on which imprisonment has been imposed,” or a sentence that does not include a term of imprisonment, or a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.