Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Friedman

decided: March 9, 1987.

UNITED STATES OF AMERICA, APPELLEE,
v.
STANLEY FRIEDMAN, APPELLANT



Appeal from judgment of the United States District for the Southern District of New York, Whitman Knapp, Judge, denying bail pending appeal but entered prior to trial court's imposition of sentence. Dismissed without prejudice.

Before: OAKES, WINTER, Circuit Judges, and ZAMPANO,*fn* District Judge.

Per Curiam:

The United States District Court for the Southern District of New York, Whitman Knapp, Judge, has before sentence determined that it will not grant bail pending appeal of a sentence yet to be rendered on a date now scheduled as March 11, 1987. The grounds for such determination were that there are insufficiently substantial grounds for appeal under the statute (18 U.S.C. ยง 3143) and Fed. R. App. P. 9 to warrant bail. Appeal was taken to this court on an expedited basis.

While such an advance determination, followed by an orderly if expedited appeal, may avoid problems caused by a hasty appeal from an immediate remand with hurried attempts to obtain transcripts, file memoranda, affidavits, and other papers, there seems to be no justification under the statute or Fed. R. App. P. for this procedure. It seems especially unwise to carve out a new pre-sentence appeal where, as here, the district judge has already indicated he will allow the defendant two or three week after sentence for surrender.

Accordingly, the appeal is dismissed ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.