Court allows ex-Va. gov McDonnell to be free for appeal

RICHMOND, Va. — Former Virginia governor Bob McDonnell, sentenced earlier this month on corruption charges, will remain out of prison while his appeal is reviewed, according to a court order handed down Monday.

The 4th U.S. Circuit Court of Appeals here said McDonnell's appeal, filed last week, raises a substantial question of law or fact that could warrant reversal or a new trial. The court also ordered that briefs in the case be filed by March 2 and set a May 12 hearing, which cannot be delayed.

The former governor, the first Virginia governor convicted of a crime relating to his office, "is not likely to flee or pose a danger to the safety of any other person or the community if released" the order said.

McDonnell had made the same request to remain free of federal District Judge James R. Spencer, who presided at his trial. Spencer denied McDonnell's request and ordered that the former governor report to prison Feb. 9.

A jury last year found McDonnell and his wife, Maureen, guilty of taking gifts and loans from a vitamin executive in exchange for promoting his products.

Federal prosecutors have opposed McDonnell's request to remain free on bail pending his appeal.

The two-page order said McDonnell is to remain free on his own recognizance and must abide by the same rules that the trial court imposed.

Spencer is scheduled to sentence Maureen McDonnell Feb. 20 in federal District Court in Richmond.

Contributing: The Associated Press