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Yesterday, the three-judge panel in a US Appeals Court formally denied Robert Simels’s application for bail. As a result he is to have reported to the Big Springs Federal Correctional Institution in Texas today for the start of his sentence in keeping with the decision handed down by Eastern District Court Judge, John Gleeson last December.On Monday, his lawyer, Barry A. Bohrer, of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer of New York, presented oral bail application to the three-judge panel in the Second Circuit court.The court had said it would make its decision known on Wednesday or Thursday.But on Wednesday, Bohrer, in a letter to sentencing judge, John Gleeson, requesting that the sentencing date be deferred from January 8 to January 15, 2010, wrote that “ this extension is necessary to allow the court of appeals to decide Mr. Simels’s motion for bail pending appeal before his surrender date.”He said that if the application for bail was unsuccessful Simels would have had to leave for the Big Springs facility by yesterday.Judge Gleeson in his reply told Bohrer that since the matter was being heard in the Second Circuit court the application for the extension is best sent there.On Monday, Bohrer contended that Simels’s appeal contained several “substantial questions” entitling Simels to bail under 18 U.S.C. 3143(b), including at least three issues of first impression for the 2nd Circuit.Most of the 20-minute arguments focused on Gleeson’s decision to allow the government to impeach Simels with jailhouse recordings the judge earlier suppressed as violating Title III of the Omnibus Crime Control and Safe Streets Act of 1968.Bohrer noted that the circuit has never addressed the admissibility of such evidence, and that although the prosecution may now downplay the evidence’s significance,NFL Jerseys Wholesale, it once argued it was essential.“The evidence in this case from the beginning of the trial went to the defendant’s credibility,” Bohrer told the panel, which consisted of Second Circuit Judges Wilfred Feinberg and Robert A. Katzmann, and sitting by designation, Judge T.S. Ellis III of the Eastern District of Virginia.On December 4, last, Justice Gleeson sentenced Simels to 14 years in jail and fined him US$250,000 on 11 felonies committed in August and related to his role in a plot to threaten and bribe witnesses while he represented, self-confessed Guyanese drug trafficker, Shaheed ‘Roger’ Khan.Then, too, Judge Gleeson declined Mr. Simels’s motion for bail pending appeal, ordering him to report to prison today.The Federal Bureau of Prisons denied Mr. Simels’s request to be assigned to the Federal Correctional Institution in Otisville, Orange County, instead assigning him to the Big Spring Correctional Institute, about 300 miles west of Dallas.The 62-year old Simels, of Westbury, New York, and dubbed as the flambouyant New York lawyer to the mob, had appealed the conviction on December 9.

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Although Luck engineered four second-half scoring drives, the Broncos, who watched footage of the old "Orange Crush" defense during the week, had their moments.
WELKER'S SUSPENSION: With the game's premier slot receiver, Wes Welker, serving a four-game suspension for violating the NFL's policy on performance-enhancing drugs, the Broncos couldn't convert third downs, going 1 for 7 in the second half after a first half in which they went 6 of 7.
MOMENTUM CHANGER: Luck's 9-yard scamper into the end zone with 19 seconds left in the first half not only got the Colts on the board by halftime but it turned the tide.
Brandon Marshall, filling in for Danny Trevathan (leg), led the team with nine tackles in his first NFL start, and Roby tied newcomer Aqib Talib with three pass breakups.
Rookie Bradley Roby broke up Andrew Luck's fourth-down pass to Reggie Wayne just after the 2-minute warning Sunday night, preserving Denver's 31-24 nail-biter over the Indianapolis Colts.
Other takeaways from Denver's win, which snapped a six-game skid against the Colts:
A 24-point deficit proved one touchdown too many, though.
He blamed the second-half sloppiness on opening night jitters.
Denver's defense came up with two big stops deep in its territory during a third quarter dominated by Indy. On fourth down at the 1, Marshall stuffed Luck's run up the middle. Then, when the Colts had a first down inside the 5, the Broncos held them to Adam Vinatieri's 25-yard field goal following DeMarcus Ware's third-down sack.
"We said we've got to make a play to win the game," Roby said. "We can't rely on the offense. It's on us."
"Thank goodness our defense came up with some big stops," said Manning.

"We've got to find a way to play all four quarters as an offense," Manning said. "Thank goodness the defense picked us up when the offense wasn't doing their job quite as well."
DENVER (AP) — After riding shotgun to Peyton Manning's high-octane offense all of last year,Cheap Jerseys Store, Denver's defense had the five-time MVP's back for once.
Notes: Manning's win over his former team means he and Brett Favre are the only QBs to have beaten all 32 current NFL teams. "I think it means you have to be old," Manning said. ... RB Ronnie Hillman and CB Kayvon Webster, who had to stay behind in Dallas last week after falling ill during the final preseason game, were both inactive. Fox said they just fell behind in the game plan. ... Two Colts LBs were hurt: Cam Johnson (triceps) and LB Jerrell Freeman.
"To be honest with you, it never crossed my mind," he said.
"I kind of felt like they were going to come at me, just being a rookie, going against their best receiver,Cheap Jerseys Supply," Roby said. "He kind of got me off the line, but just thankfully, I was able to recover and make the play at the end."
"Something I pride myself on is being ready for man coverage," Thomas said. "It's like backyard football with your little brother or cousins. I don't believe you should be covered 1-on-1."
THOMAS' TRIO: Thomas beat a linebacker on each of his first two TDs,Wholesale NFL Jerseys, outmuscling one on a 3-yard crossing route and outracing another on a 35-yard TD. Then, he slipped inside the safety for his third score, which tied Shannon Sharpe's franchise record for TDs by a tight end in a game.
GM John Elway spent more than $100 million on a defensive makeover in the offseason, trying to toughen up his team after its Super Bowl shellacking at the hands of Seattle. Then, he grabbed Roby in the first round of the draft. Add in several starters who were returning from injuries and Denver's defense spent all summer trying to develop a new, nasty identity.
"Obviously, when you start the way that we started,China Jerseys Wholesale, you dig yourself a hole you can't come back from," Colts coach Chuck Pagano said.
On the sideline, Manning and tight end Julius Thomas, who hooked up for three first-half touchdowns, cheered.
"At the end of the day, we made the right play at the right time," said Rahim Moore, who had a career-best two interceptions in his first game since undergoing emergency surgery on his left calf in November.
Fox said he never found himself wishing he had Welker in certain situations.
The Broncos were clinging to the last wisps of what seemed like a safe 24-0 lead when the first-round draft pick from Ohio State sliced in front of Wayne to knock away Luck's pinpoint pass.
"It wasn't the best win, but guess what,Cheap Hockey Jerseys, it was a great opener," said DeMarcus Ware, who had 1 1/2 sacks in his Denver debut after franchise-high 117 in nine seasons in Dallas.
"We did manage to take advantage of some opportunities in the second half that we didn't in the first,Jerseys NFL Cheap," Luck said. "It was good to get that two-minute drive right at the end of the half."