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TITLE 28 App. > FEDERAL > TITLE > Rule 9. Release in a Criminal Case
Rule 9. Release
in a Criminal Case
(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 detention of a defendant in a criminal case. A party
appealing from the order must file with the court of appeals a
copy of the district court’s order and the court’s
statement of reasons as soon as practicable after filing the
notice of appeal. An appellant 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 appeals 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 include a copy of the judgment of conviction.
(c)
Criteria for Release.
The court must make its decision regarding
release in accordance with the applicable provisions of 18 U.S.C.
§§ 3142, 3143, and 3145(c).
Notes
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