(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 courtís order and the courtís
statement of reasons as soon as practicable after filing the
notice of appeal. An appellant who questions the factual
basis for the district courtís 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
defendantís 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. ßß
3142, 3143, and 3145(c).
<< Return to Rules | Title II. Appeal from a Judgment or Order of a
District Court | Rule 9
Last modified at 12/16/2009