U.S. Court of Appeals for the Ninth Circuit, 1984

United States v. Joseph Kolek

U.S. Court of Appeals for the Ninth Circuit · Decided March 23, 1984 · Schroeder, Farris, Canby

728 F.2d 1280; 1984 U.S. App. LEXIS 24247 (Federal Reporter, Second Series)

Counsel

Edward C. Weiner, Asst. U.S. Atty., Peter K. Nunez, U.S. Atty., San Diego, Cal., for plaintiff-appellee., Michael D. Stein, San Diego, Cal., for defendant-appellant.

Cases that cite this one

4 later published cases cite this decision.

In re Williams (3d Cir. 2010)
In re Williams (3d Cir. 2010)
United States v. Juan Ruben Estela-Melendez (1st Cir. 1989)
United States v. Giovanni Castiello (1st Cir. 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

Despite defendant’s assertion to the contrary, our jurisdiction over prejudgment bail matters is appellate, not original. See 18 U.S.C. § 3147(b); Fed.R.App.P. 9(a). That jurisdiction is invoked by the filing of a notice of appeal filed within 10 days of the date of entry of the district court’s bail order. See Fed.R.App.P. 4(b).

Consequently, we lack jurisdiction over defendant’s request for a reduction of bail pending trial. We therefore remand this appeal to the district court to afford defendant an opportunity to demonstrate excusable neglect for his failure to file a timely notice of appeal. See id.; United States v. Stolarz, 547 F.2d 108, 111 (9th Cir. 1976).

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