UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

MICHAEL MCPHILOMY, JR.,

Defendant-Appellant.

No. 00-4138

(D.C. No. 99-CR-555-C)

(D. Utah)

ORDER AND JUDGMENT*

Before EBEL, KELLY, and LUCERO, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Appellant Michael McPhilomy, Jr., appeals from a district court order denying him release on bail pending appeal of his sentence following conviction of depredation of government property, in violation of 18 U.S.C. § 1361, and theft of public property, in violation of 18 U.S.C. § 641. Based upon our review of the parties' briefs and appellant's Appendix, we conclude that appellant has not met the burden of demonstrating the existence of a substantial question of law or fact likely to result in reversal, an order for a new trial, a sentence that does not include a term of imprisonment, or a reduced sentence. See 18 U.S.C. § 3143(b)(1)(B); Fed. R. App. P. 9(c); United States v. Affleck, 765 F.2d 944, 953 (10th Cir. 1985).

Accordingly, the judgment of the United States District Court for the District of Utah is AFFIRMED.

ENTERED FOR THE COURT

PER CURIAM