Motion for Release Pending Appeal — United States v. Christopher Scott

Summary

Christopher Scott's motion for release pending appeal, Document 109 filed August 25, 2025 in Case No. 1:23-cr-97 in the U.S. District Court for the Northern District of Illinois, asks the Court under 18 U.S.C. § 3143(b) and Federal Rule of Appellate Procedure 9(b) to stay execution of the sentence, a term of imprisonment of 70 months, until the Seventh Circuit decides the appeal. It argues that the defendant is not a flight risk or a danger, that the appeal is not for delay, and that sentencing and guideline errors raise a substantial question under United States v. Bilanzich and United States v. Shoffner.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Case: 1:23-cr-00097 Document #: 109 Filed: 08/25/25 Page 1 of 4 PageID #:389
re

0 EID

IN THE UNITED STATES DISTRICT COURT ~

FOR THE NORTHERN DISTRICT OF ILLINOIS 23 2 3 2025
THOMA I
CL 5G BRL:
RK Us, DISTRICH coy
UNITED STATES OF AMERICA R
CASE No.: 1:23-cr-97
vs.

CHRISTOPHER SCOTT

Defendant.

MOTION FOR RELEASE PENDING APPEAL

Comes Now the Defendant, Christopher Scott, respectfully moves this Court for
release pending appeal pursuant to 18 U.S.C. § 3143(b) and Federal Rule of Appellate

Procedure 9(b).

|, INTRODUCTION

This Court entered a judgment of conviction and sentenced Defendant to a term
of imprisonment of 70 months. A timely Notice of Appeal has been filed pursuant to
Fed. R. App. P. 4(b), and Defendant now seeks release pending resolution of the

appeal.

li, LEGAL. STANDARD

Under 18 U.S.C. § 3143(b)(1), a defendant who has been sentenced to a term of

imprisonment shall be detained unless the Court finds:

1. Clear and convincing evidence that the defendant is not likely to flee or pose a
danger to the safety of any other person or the community; and
Case: 1:23-cr-00097 Document #: 109 Filed: 08/25/25 Page 2 of 4 PageID #:390
2. That the appeal is not for the purpose of delay and raises a substantial question

of law or fact likely to result in (A) reversal, (B) an order for a new trial, (C) a

sentence that does not include a term of imprisonment, or (D) a reduced
sentence to a term less than the expected duration of the appeal.

See also United States v. Bilanzich, 771 F.2d 292, 298-99 (7th Cir. 1985)

(defining “substantial question” as “a close question or one that could be decided the

other way”); United States v. Shoffner, 791 F.2d 586, 589 (7th Cir. 1986) (release

pending appeal is appropriate where a substantial question exists that is integral to the

merits of the conviction or sentence).

iil, ARGUMENT

A. Defendant is Not a Flight Risk and Poses No Danger

Defendant has complied with all pretrial and presentencing conditions of release,
has strong ties to the community, including [family, employment, or residence], and has
no history of violence. Defendant's consistent compliance demonstrates by clear and

convincing evidence that he is neither a flight risk nor a danger to the community.

B. The Appeal is Taken in Good Faith and is Not for Delay

Defendant has promptly filed a Notice of Appeal and intends to pursue good-faith
appellate challenges to issues involving erroneous guideline application, sentencing
errors, and/or constitutional violations. This appeal is not interposed for delay but to

vindicate substantial legal rights.
Case: 1:23-cr-00097 Document #: 109 Filed: 08/25/25 Page 3 of 4 PageID #:391
C. The Appeal Raises a Substantial Question of Law or Fact

The appeal raises substantial questions within the meaning of 18 U.S.C. §
3143(b) and Seventh Circuit precedent. Specifically, Defendant will argue that there
were sentencing, guideline errors as primary appellate issue(s).

As articulated in Bilanzich and Shoffner, a “substantial question” is one that is
“close” or “could be decided the other way.” The issues Defendant presents on appeal
are not merely routine but present genuine, debatable questions of constitutional and
statutory law that, if resolved in Defendant's favor, would substantially reduce the

Defendant's sentence.

IV. CONCLUSION

For the foregoing reasons, Defendant respectfully requests that this Court grant
release pending appeal, staying execution of the sentence until final disposition of the

appeal by the United States Court of Appeals for the Seventh Circuit.

Dated: August 25, 2025 Respectfully submitted,

s)_ Chg. Sbt-

Christopher Scott
11060 Frances Lane
Palos Park, IL 60464
Case: 1:23-cr-00097 Document #: 109 Filed: 08/25/25 Page 4 of 4 PageID #:392
CERTIFICATE OF SERVICE

| swear under the penalty of perjury that | have mailed and caused to be served a
copy of the foregoing pleading upon the AUSA in the case, at the U.S. Attorney's Office,
Northern District of Illinois, 219 South Dearborn Street, 5th Floor, Chicago, IL 60604 &
the U.S. Clerk of Court, Northern District of Illinois, to forward to all interested parties in
this case through the ECF system. On this 25th Day of August 2025. In Palos Park, IL

is/ Chik Low

Christopher Scott


File and source

File

gov.uscourts.ilnd.430448.109.0.pdf

Size

146,817 bytes

SHA-256

baed11cb5cbad716ce59812565a5a8c497be5343973e250428e0788c0f40d3c4

Our copy

gov.uscourts.ilnd.430448.109.0.pdf

Original

PACER (login required)