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  • United States v. Stanley Friedman, 813 F.2d 579, 2d Cir. (1987)

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    The United States Court of Appeals for the Second Circuit dismissed an appeal by Stanley Friedman challenging a pre-sentence determination by a district court that it would not grant bail pending appeal. The appellate court found no statutory or rule-based justification for allowing a pre-sentence appeal of a bail determination. The district court had indicated it would allow Friedman two or three weeks after sentencing to surrender, making a pre-sentence appeal unnecessary.

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    Filed: 1987-03-09 Precedential Status: Precedential Citations: 813 F.2d 579 Docket: 994

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    The United States Court of Appeals for the Second Circuit dismissed an appeal by Stanley Friedman challenging a pre-sentence determination by a district court that it would not grant bail pending appeal. The appellate court found no statutory or rule-based justification for allowing a pre-sentence appeal of a bail determination. The district court had indicated it would allow Friedman two or three weeks after sentencing to surrender, making a pre-sentence appeal unnecessary.

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    13 views2 pages

    United States v. Stanley Friedman, 813 F.2d 579, 2d Cir. (1987)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Second Circuit dismissed an appeal by Stanley Friedman challenging a pre-sentence determination by a district court that it would not grant bail pending appeal. The appellate court found no statutory or rule-based justification for allowing a pre-sentence appeal of a bail determination. The district court had indicated it would allow Friedman two or three weeks after sentencing to surrender, making a pre-sentence appeal unnecessary.

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    of 2

    813 F.

    2d 579

    UNITED STATES of America, Appellee,


    v.
    Stanley FRIEDMAN, Appellant.
    No. 994, Docket 87-1118.

    United States Court of Appeals,


    Second Circuit.
    Argued March 3, 1987.
    Decided March 9, 1987.

    Alan M. Dershowitz, Cambridge, Mass. (Thomas Puccio, Nathan Z.


    Dershowitz, Victoria G. Eiger, New York City, of counsel), for appellant.
    William J. Schwartz, Asst. U.S. Atty., New York City (Rudolph W.
    Giuliani, U.S. Atty., S.D.N.Y., New York City, of counsel), for appellee.
    Before OAKES, WINTER, Circuit Judges, and ZAMPANO,* 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. Sec.
    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 weeks after sentence for surrender.

    Accordingly, the appeal is dismissed without prejudice.

    Of the United States District Court for the District of Connecticut, sitting by
    designation

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