Fed. R. App. P. 9 — Release in a Criminal Case

Federal Rules of Appellate Procedure

Rule 9 — Release in a Criminal Case

Fed. R. App. P. 9

SourceFederal Rules of Appellate Procedure

Rule9

TITLE IIAPPEAL FROM A JUDGMENT OR ORDER OF A

CitationFed. R. App. P. 9

Fed. R. App. P. 9 (Release in a Criminal Case) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

Fed. R. App. P. 9.

Text

(a)Release Before Judgment of Conviction.

(1)The district court must state in writing, or orally on the record, the reasons for an order regarding the release or deten- tion of a defendant in a criminal case. A party appealing from the order must file with the court of appeals a copy of the dis- trict court’s order and the court’s statement of reasons as soon as practicable after filing the notice of appeal. An appel- lant who questions the factual basis for the district court’s order must file a transcript of the release proceedings or an explanation of why a transcript was not obtained.

(2)After reasonable notice to the appellee, the court of ap- peals must promptly determine the appeal on the basis of the papers, affidavits, and parts of the record that the parties present or the cou

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(a) Release Before Judgment of Conviction.
(1) The district court must state in writing, or orally on the
record, the reasons for an order regarding the release or deten-
tion of a defendant in a criminal case. A party appealing from
the order must file with the court of appeals a copy of the dis-
trict court’s order and the court’s statement of reasons as
soon as practicable after filing the notice of appeal. An appel-
lant who questions the factual basis for the district court’s
order must file a transcript of the release proceedings or an
explanation of why a transcript was not obtained.
(2) After reasonable notice to the appellee, the court of ap-
peals must promptly determine the appeal on the basis of the
papers, affidavits, and parts of the record that the parties
present or the court requires. Unless the court so orders, briefs
need not be filed.
(3) The court of appeals or one of its judges may order the
defendant’s release pending the disposition of the appeal.
(b) Release After Judgment of Conviction. A party entitled to do
so may obtain review of a district-court order regarding release
after a judgment of conviction by filing a notice of appeal from
that order in the district court, or by filing a motion in the court
of appeals if the party has already filed a notice of appeal from the
judgment of conviction. Both the order and the review are subject
to Rule 9(a). The papers filed by the party seeking review must in-
clude a copy of the judgment of conviction.
(c) Criteria for Release. The court must make its decision re-
garding release in accordance with the applicable provisions of 18
U.S.C. §§3142, 3143, and 3145(c).

Advisory Committee Notes

(As amended Apr. 24, 1972, eff. Oct. 1, 1972; Pub. L. 98–473, title II, §210, Oct. 12, 1984, 98 Stat. 1987; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998.)

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Advisory Committee Notes