Circuit Rule 9: Release in a Criminal Case

(a) Appeal from a Pretrial Release or Detention Order. An appeal from a pretrial release or detention order must be expedited. Appellant must make immediate arrangements for preparation of all necessary transcripts, including the transcript of proceedings before a magistrate judge, and notify the court in writing of those arrangements. Unless otherwise ordered by the court or a judge thereof, the following schedule will apply:

(1) Not later than 10 days after the transcript of record is filed, the appellant must serve and file an original and 4 copies of a memorandum of law and fact setting forth as many of the matters required by Circuit Rule 9(b) as are relevant. The memorandum of law and fact must be accompanied by a copy of the order under review and the statement of reasons (including related findings of fact and conclusions of law) entered by the district court.

(2) The appellee may file a responsive memorandum not later than 10 days after the filing of appellant’s memorandum.

(3) The appellant may file a memorandum in reply within 7 days after the filing of appellee's memorandum.

(4) The memorandum, any response thereto, and the reply must comply with FRAP 27(d)(1)-(2).

For the government, any disclosure statement required by FRAP 26.1(b) must be filed with the memorandum of law and fact or any response thereto, unless the statement has been filed previously with the court.

(5) The appeal will be determined by a panel of the court on the record and pleadings filed, unless oral argument is directed by the court.

(b) Release Pending Appeal from a Judgment of Conviction. The applicant must file an original and 4 copies of an application pertaining to release pending appeal from a judgment of conviction. The application, any response thereto, and a reply to the response must comply with FRAP 27(d)(1)- (2). The space limitations imposed by FRAP 27(d)(2) may be exceeded only if authorized by order of the court, or a judge thereof, on motion showing good cause. For the government, any disclosure statement required by FRAP 26.1(b) must be filed with any response to the application, unless the statement has been filed previously with the court. The application must contain, in the following order:

(1) The name of the applicant, the district court number of the case, the offense of conviction, and the date and terms of sentence.

(2) The reasons given by the district court for the denial or, in the absence of reasons stated by the district court, an account of the facts and reasons relevant to that court's failure to grant the relief sought by the applicant.

(3) Where the applicant is the defendant, a concise statement of the question or questions in-volved in the appeal, with a showing that the appeal raises a substantial question of law or fact likely to result in reversal or in an order for a new trial. See also FRAP 9(c). Sufficient facts must be set forth to present the essential background and the manner in which the question or questions arose in the district court.

(4) Where the applicant is the defendant, a certificate by counsel, or by the applicant if acting pro se, that the appeal is not taken for delay.

(5) The application will be ruled upon by a panel of the court.