United States v. Austin

MEMORANDUM OPINION

BALDOCK, District Judge.

THIS MATTER comes on for consideration of defendant Austin’s motion for release pending appeal pursuant to the standards announced by the Tenth Circuit 1 after Austin’s initial motion had been denied. 2 Austin was convicted by a jury of conspiracy to distribute marijuana in excess of 1000 pounds. 3

I. Facts.

The trial evidence reflected that early on March 28, 1983, a DC-6 aircraft carrying some 409 bales of marijuana weighing 18,-580 pounds landed on Austin’s 10,640 acre ranch in Torrance County, New Mexico. The plane landed on a cow pasture lit by…