by admin | May 8, 2021 | Criminal Procedure, Federal
(a) IN GENERAL. A person must be taken without unnecessary delay before a magistrate judge in the district of arrest if the person has been arrested under a warrant issued in another district for: (i) failing to appear as required by the terms of that person’s...
by admin | May 8, 2021 | Criminal Procedure, Federal
18 APPENDIX U.S.C. § 39
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. § 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...
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