### Alternatively, the government could have filed a detentio n 1 

### motion under F.R.A.P. 9(b) in Marshall's pending appeal. Ineither ca se, our review of the release/detention question is governe d procedurally by 18 U.S.C. § 3145(c) and F.R.A.P. 9(a). The parties have provided us with statements of position, a copy of th e di strict court's order, and a transcript of the sentencin g proceedings, so this question is ready for decision. ___________ No. 96-1312

___________ United States of America, * * Plaintiff - Appellant, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Milton Gary Marshall, * * [PUBLISHED] Defendant - Appellee. *

___________ Submitted: February 23, 1996 Filed: March 8, 1996

___________ Before BOWMAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________ PER CURIAM.
MiltonGary Marshall was convicted of causing others to fil e fraudulent federal income tax returns in violati on of 26 U.S.C. § 7206(2). The district court sentenced him to fifty-one months in prison, one year of su pervised release, and a $15,000 fine. Marshall appealed, and th e district court ordered his release pending appea l. The government appeals this release order under 18 U.S.C. §§ 3145(c) and 3731. We reverse. 1
The Bail Reform Act of 1984 made it much more difficult for a convicted criminal defendant to obtain his release pending appeal.

### -2-

The Act's intent "was, bluntly, that fewer convicted persons remain a t large while pursuing their appeals." United States v. Powell , 761 F.2 d 1227, 1231 (8th Cir. 1985) (en banc). For crime s of the type committed by Marshall, release pending appeal now requires that the district court or this court find (A) by clear and convincing evid ence that the defendant is unlikely t o flee or pose a danger to others, and(B) that his appea l "raises a substantial question of law or fact" t hat is likely to result in reversal, new trial, or reduction to a sentence that would be served befor e disposition of the appeal. 18 U.S.C. § 3143(b)(1)(A) & (B).
The district court ignored requirement (B), giving as reasons fo r Marshall' s release only that he is "not a risk to flee," that detentio n "wouldbe very, very harsh and restrictive on you," and "that the appeal canbe handled relatively quickly." This was error. Moreover, Marshall did not satisfy requirement (B) in his statement of position to this court ; indeed, he did not ev en identify what issues he will raise on appeal. We requ ire a showing that the appeal presents "a close question" -- no t "simply that reasonable judges could differ" -- on a question "so integral to the m erits of the conviction that it is more probable than not tha t reversal o r a new trial will occur if the question is decided in th e defendant's favor." Powell , 761 F.2d at 1234. Thus, Marshall must b e detained pending appeal.
The district court order releasing Milton Gary Marshall pendin g appeal is reversed. The case is remanded for the limited purpose o f imposing an appropriate detention order. This partial remand does no t affect Marshall's pending appeal.
A true copy.

Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.