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UNITED STATES DISTRICT COURT DISTRICT OF MAINE UNITED STATES OF AMERICA v. MARK A. COX ) ) ) ) )

1:10-cr-00206-JAW

ORDER ON SECOND MOTION FOR BAIL PENDING APPEAL Mark Cox moves again for bail pending appeal. Second Mot. for Bail Pending Appeal (Docket # 21) (Def.'s Mot.). On June 29, 2011, the Court dismissed his first motion without prejudice first because he had failed to present the Court with a transcript of the sentencing hearing and second because his assertions of legal error were not meritorious. Order on Mot. for Bail Pending Appeal (Docket # 19) (Def.'s First Mot.). Now, the sentencing hearing transcript has been filed and he moves a second time for bail pending appeal, elaborating on his prior claims of legal error and adding a new one. Def.'s Mot. In his second motion, Mr. Cox first challenges the basis for the Court's explanation of its sentence. He asserts that he did not offer any excuse for his conduct and indicated that he was highly ashamed of his actions. Id. at 2. For example, he rankles at the Court's description of him as no sportsman because he already admitted that he was utterly ashamed of having caught a fish in a manner that is anything but sportsman-like and he is irritated at the Court's statement that it would not take the excuse that you were out there to try and feed your family because he never attempted to excuse his conduct on the ground that he was

trying to feed his family. Id. Thus, Mr. Cox contends it was legal error for the Court to point out to him what he had already admitted and it was legal error for the Court to point out to him what he had not already admitted. In short, it was legal error for the Court to say anything. The Court is not legally required to remain silent at a sentencing hearing. The fact that a defendant admits to a crime and expresses shame does not prevent a sentencing judge from explaining to him that the nature and circumstances of his crime factored into his sentence. 18 U.S.C.

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Maine Law