Case: 23-50534 Document: 00516857071 Page: 1 Date Filed: 08/14/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED _____________ August 14, 2023 No. 23-50534 Lyle W. Cayce _____________ Clerk United States of America, Plaintiff—Appellee, versus Erika Giselle Martinez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:21-CR-733-2 ______________________________ Before Dennis, Engelhardt, and Oldham, Circuit Judges.

Per Curiam: * Erika Giselle Martinez appeals the order of the district court denying her motion to extend her self-surrender date to allow time for the appeal of her conviction to be resolved. A request for a self-surrender date, or extension thereof, is a request for release on bail pending execution of sentence or pending appeal, as the case may be, under 18 U.S.C. § 3143. See, e.g., United States v. Roeder, 807 F. App’x 157, 159-61 (3d Cir. 2020). Since _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-50534 Document: 00516857071 Page: 2 Date Filed: 08/14/2023

No. 23-50534

Martinez is seeking an extension of her self-surrender date to allow time for the appeal of her conviction to play out, she is seeking release on bail pending appeal under § 3143(b). Rule 9(a)(1) of the Federal Rules of Appellate Procedure provides “[t]he 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.” See Fed. R. App. P. 9(b) (applying the requirements of subsection (a) to requests for release after judgment of conviction). Here, the district court provided neither oral nor written reasons for its denial. Accordingly, we REMAND to the district court for the limited purpose of providing written reasons for the denial.