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LOS ANGELES — from www.xbiz.com – The federal appeal involving the conviction and sentence of Ira Isaacs is moving forward despite the fact that the fetish filmmaker and distributor must report to the federal Bureau of Prisons to begin his 48-month sentence in less than two weeks.
Attorney Roger Jon Diamond filed court papers last month with the 9th U.S. Circuit Court of Appeals over an attempt to toss Isaacs’ conviction and sentencing.
Isaacs has been ordered to report to the U.S. Marshals Service by noon Feb. 19 to begin his 48-month period of incarceration.
Diamond, in an appeal, said that Isaacs’ case should be dropped because the jury in his case was “improperly instructed,” his own testimony was restricted, and because he faced double jeopardy after two earlier trials on the same offenses ended with mistrials.
The clerk of the 9th Circuit last week scheduled a time schedule order for briefs in Isaacs appeal.
The clerk ordered that Isaacs’ attorney deliver its opening brief by May 20, with the government answering its brief by June 19. Isaacs’ side, at that point, could serve an optional reply brief within two weeks of the government’s answering brief.
In related news, the 9th Circuit has waived Isaacs’ court costs of the appeal after he filed a motion for “in forma pauperis” or someone without funds. Isaacs said in an earlier motion that he does not have money to pay for the court fees and costs of transcripts.
Isaacs was found guilty last April on five counts of violating federal obscenity laws over the mail distribution of “Mako’s First Time Scat, ” “Hollywood Scat Amateurs #7,” “Hollywood Scat Amateurs #10” and “Japanese Doggie 3 Way.”