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1 Finally, in the past I asked the parties to brief what
2 they believed might occur depending upon various rulings by the
3 Court. It seems to me that one scenario was left out. You are
4 not to conclude from this request that this is the Court's
5 thinking, but I want to receive briefing on the following
6 question.
7 If this Court were to grant the defendants' motion for
8 a new trial and also conclude that the defendant Parse had
9 waived, what would be the shake-out of that in terms of Parse's
10 ability to take that issue to the Court of Appeals at the same
11 time that the government would be taking the underlying issue
12 on motion for a new trial to the Court of Appeals, as is the
13 government's right under a specific statute? I have
14 preliminarily looked at the matter, but I'd appreciate your
15 wisdom on the question.
16 Are there any other issues that counsel want to raise?
17 Mr. Shechtman?
18 MR. SHECHTMAN: Can I try to sharpen that last
19 question?
20 THE COURT: Go ahead, certainly.
21 MR. SHECHTMAN: I take it the notion would be could
22 Mr. Parse take that appeal interlocutorily before sentencing?
23 THE COURT: Bingo.
24 MR. SHECHTMAN: The after one is easy. So it's really
25 an interlocutory.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00010118