Circuit Rule 47.2: Certain Expedited Proceedings

(a) Appeal Expedited by Statute and Habeas Corpus Proceeding. Upon filing a notice of appeal in a case invoking 18 U.S.C. § 3145, 18 U.S.C. § 3731, 28 U.S.C. chapter 153, 28 U.S.C. § 1826, or 28 U.S.C. § 1657, the clerk of the district court must transmit a copy of the notice of appeal and a certified copy of the docket entries to the clerk of this court forthwith. The clerk of this court will promptly open the appeal and enter an appropriate schedule upon the docket. If a hearing occurred, appellant must order the necessary portions of the transcript on an expedited basis and make arrangements with the clerk of the district court for prompt transmittal of the record to this court. A party desiring more expedited briefing than the schedule entered by the clerk, or expedited oral argument, should file a motion stating the basis for the requested relief.

(b) Sentencing Appeal Pursuant to 18 U.S.C. § 3742; Compassionate Release Appeal Pursuant to 18 U.S.C. § 3582.

(1) In an appeal from a sentence or an appeal in a compassionate release case, the court may, where appropriate or upon motion, establish an expedited schedule for briefing or a schedule for memoranda of law and fact in lieu of briefs.

(2) The memoranda and the reply must comply with FRAP 27(d)(1)-(2). Except by permission or direction of this court, the memoranda of law and fact may not exceed the length limits set by FRAP 27(d)(2), exclusive of pages containing the certificate required by Circuit Rule 28(a)(1). For the government, any disclosure statement required by FRAP 26.1(b) must be filed with its memorandum of law and fact, unless the statement has been filed previously with the court. An original and 4 copies of the memoranda and the reply must be filed.

(3) The memoranda need not contain a table of authorities, a statement of jurisdiction, or a summary of argument.

(4) The filings will be placed in the public record. Parties should avoid matters that could compromise the confidentiality of the presentence report. Where inclusion of confidential matters is unavoidable, the party should move to have the nonpublic portion of the submission placed under seal.

(5) Where the court is reviewing both sentence and conviction in the same proceeding, the rules set out above, except for Circuit Rule 47.2(b)(4), will not apply.