District Court, D. Maine May 26, 2005, CR0359BW (United States v. Burk)

ORDER DENYING MOTION FOR STAY PENDING APPEAL

WOODCOCK, District Judge.

On May 9, 2005, this Court sentenced the Defendant Kelly-Jean Burk to eight months imprisonment for bank fraud. The Defendant has moved for release pending appeal pursuant to 18 U.S.C. § 3143(b)(1)(B) on the ground that this Court erred by failing to depart downward under U.S.S.G. § 5H1.