In his two-page order, Munson said the “defendants present no new evidence or arguments and have asked for an expedited ruling on the instant motion.”
On Monday, Munson heard the arguments via telephone between Assistant U.S. Attorney Eric O’Malley and defense counsel Dennis Riordan.
The other defense counsels present were Joey San Nicolas, Ramon Quichocho, Victorino Torres, and David Lujan.
The defendants were convicted on April 24, 2009 of conspiracy, wire fraud, theft concerning federal funds, and bribery concerning a program receiving federal funds.
On July 6, 2009, the court denied the defendants’ motion for a new trial due to alleged juror misconduct.
Munson said the defendants’ renewed motion for release pending appeal was based on the same arguments alleged in their motion for a new trial.
He said the only disputed issue was whether “the appeal raises a substantial question of law or fact” that is likely to result in a reversal, an order for a new trial, a sentence that does not include a term of imprisonment, or a reduced sentence to a term or imprisonment less than the total of the time already served plus the expected duration of the appeal process.
“The court considered [these] issues in depth when it entertained defendants’ motion for a new trial and found that defendants failed to fulfill their burden of proof,” the judge said.
