United States v. Bayko

This appeal presents us with a question of first impression in this circuit concerning the application of the new requirements for post-conviction release on bail pending appeal in the Comprehensive Crime Control Act of 1984. 18 U.S.C.A. § 3143(b) (1985). The district court found the defendant, Mark Allan Bayko, guilty of a violation of 18 U.S.C. § 1202(a)(1) (1982), possession of a firearm by one previously convicted of a felony. The court released defendant on bail pending final decision of his appeal. The government has appealed defendants release claiming that the district court failed to apply the new standards properly and that proper application prohibits his release on bail pending appeal. Defendant argues that the application of the new requirements to him was a violation of the ex post facto clause of the Constitution because his crime was committed prior to the effective date of the new act. alternatively, he argues that the district court properly applied the new standard in releasing him on bail during the pendency of his appeal.