“Construing the motion as one that in part seeks reconsideration of this court’s order of Aug. 21, 2007, ordering appellants’ grant of bail to be extended ‘until this court issues its mandate,’ it is ordered that the motion is denied,” wrote Circuit Judge Diane P. Wood.
Circuit Judge Michael Kanne dissented, as he has consistently throughout the appeals process.
“The trial was riddled with errors that ultimately rendered the proceedings manifestly unfair and unjust, notwithstanding the production of overwhelming incriminating evidence against the appellants,” Kanne wrote, noting that the trial was “broken beyond repair.”
Unless the dissenting opinions in the appeals process will resonate with Justice John Paul Stevens of the U.S. Supreme Court very quickly, Ryan and Warner will have to report to jail as ordered by Circuit Judge Rebecca Pallmeyer by Wednesday, Nov. 7.
Ryan and Warner were convicted after a seven-month trial, last year, for multiple violations of racketeering, conspiracy, mail fraud, obstruction of justice, money laundering, and tax violations in connection with the ‘licenses for bribes’ scandal.
Ryan, was sentenced to 6 1/2 years in jail following his conviction on all counts of wrongdoing April 17, 2006. Warner was sentenced to 3 1/2 years.
On Aug. 28, the U.S. Court of Appeals upheld the conviction. On Oct. 25, the full U.S. Court of Appeals denied a petition for a rehearing.
In November, bond was granted, keeping Ryan and Warner out of jail.