A hearing in federal court today will decide whether John A. Lence will be freed on bond pending appeal of his sentence for defrauding the former Mountain Bank in Whitefish.

The sentence was the third imposed on Lence, a former Kalispell attorney, since he was convicted by a jury three years ago.

He was convicted of 15 counts of bank fraud and conspiracy to defraud the United States.

Earlier this month, U.S. District Judge Sam Haddon of Great Falls sentenced Lence to 33 months on each count, with the sentences to run concurrently.

He was previously sentenced to 21 months and 24 months, both times by U.S. District Judge Donald Molloy.

Lence has filed a notice of appeal.

Today's hearing is to consider whether he should be released on bond until the appeal is decided.

Attorney Pat Donley of the U.S. Department of Justice plans to oppose the request because it doesn't meet statutory requirements for a release.

Those requirements are that Lence is not a flight risk, that he is not a danger to society, and that he has a substantial legal basis for appeal.

The 9th U.S. Circuit Court of Appeals in San Francisco has ruled on the case before. Lence previously appealed his conviction, saying the judge improperly allowed testimony from an alleged pathological liar and con man.

The appellate court ruled against Lence, but agreed with an argument by prosecutors that Molloy's sentence was too lenient and sent the matter back for resentencing.

Lence has maintained his innocence from the time he was charged. Before his case was sent back for resentencing, he began serving his term at a federal facility in Sheridan, Ore.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at [email protected]