by admin | May 8, 2021 | Criminal Procedure, Federal
(a) DEATH SENTENCE. The court must stay a death sentence if the defendant appeals the conviction or sentence.(b) IMPRISONMENT.(1)Stay Granted. If the defendant is released pending appeal, the court must stay a sentence of imprisonment.(2)Stay Denied; Place of...
by admin | May 8, 2021 | Criminal Procedure, Federal
(a) RELIEF PENDING APPEAL. If a timely motion is made for relief that the court lacks authority to grant because of an appeal that has been docketed and is pending, the court may: (1) defer considering the motion;(2) deny the motion; or(3) state either that it would...
by admin | May 8, 2021 | Criminal Procedure, Federal
After giving any notice it considers appropriate, the court may at any time correct a clerical error in a judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission.18 APPENDIX U.S.C. ยง 36As amended Apr. 29,...
by admin | May 8, 2021 | Criminal Procedure, Federal
(a) CORRECTING CLEAR ERROR. Within 14 days after sentencing, the court may correct a sentence that resulted from arithmetical, technical, or other clear error.(b) REDUCING A SENTENCE FOR SUBSTANTIAL ASSISTANCE.(1)In General. Upon the government’s motion made...
by admin | May 8, 2021 | Criminal Procedure, Federal
(a) IN GENERAL. Upon the defendant’s motion or on its own, the court must arrest judgment if the court does not have jurisdiction of the charged offense.(b) TIME TO FILE. The defendant must move to arrest judgment within 14 days after the court accepts a verdict...
by admin | May 8, 2021 | Criminal Procedure, Federal
(a) DEFENDANT’S MOTION. Upon the defendant’s motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires. If the case was tried without a jury, the court may take additional testimony and enter a new judgment.(b)...
Recent Comments