United States v. Joseph Kolek

728 F.2d 1280, 1984 U.S. App. LEXIS 24247

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 23, 1984
• Docket: 84-5072
• Status: Published

Opinion

ORDER

Despite defendant’s assertion to the contrary, our jurisdiction over prejudgment bail matters is appellate, not original. See 18 U.S.C. § 3147(b); Fed.R.App.P. 9(a). That jurisdiction is invoked by the filing of a notice of appeal filed within 10 days of the date of entry of the district court’s bail order. See Fed.R.App.P. 4(b).

Consequently, we lack jurisdiction over defendant’s request for a reduction of bail pending trial. We therefore remand this appeal to the district court to afford defendant an opportunity to demonstrate excusable neglect for his failure to file a timely notice of appeal. See id.; United States v. Stolarz, 547 F.2d 108, 111 (9th Cir.1976).