EXECUTION OF SENTENCE AND BONDS PENDING
APPEAL
(A) Setting of Bond. When execution of a defendant's sentence is delayed or
when an appeal of a defendant's conviction is pending, bond shall be set in
accordance with the provisions of the Bail Reform Act, 18 U.S.C. '' 3141(b),
CR-19
3143. If a new bond is set, the defendant shall be presented to a magistrate judge
for approval of surety.
(B) Remittiturs.
(1) Judgment Affirmed or Appeal Dismissed. When a judgment of
conviction in a criminal case has been affirmed on appeal or the appeal dismissed,
the clerk shall immediately upon receipt file the remittitur from the appellate court.
The clerk shall also send certified copies of the remittiturs, judgment, and
commitment to the United States Marshal for this district and notify counsel of
record and/or the parties that the remittitur has been filed.
(2) Judgment Modified, Vacated, or Reversed. When the judgment of
this Court has been modified, vacated, or reversed on appeal, the clerk shall
immediately present a proposed order to the Court making the remittitur the
judgment of this Court and shall notify counsel and/or the parties of the entry of
said order and that they are required to prepare and present promptly to the Court
any such further orders as may be required.
(3) 28 U.S.C. ' 2255 Petitions. Upon receipt of a remittitur from the
appellate court either denying or granting a defendant's petition under 28 U.S.C. '
2255, the clerk shall immediately file the remittitur and follow the appropriate
procedure set forth in (1) or (2) above.
(C) Revocation of Appeal Bond. When a convicted defendant is released on an
appeal bond and the judgment of conviction is either affirmed or the appeal
dismissed by the appellate court, the clerk shall immediately file the remittitur or
notice of dismissal of appeal and shall promptly notify defendant, counsel for the
defendant, and the sureties of the defendant's bonds of such affirmance or dismissal
by registered or certified mail to their last known address. The clerk shall also mail
a copy of such notice to the United States Attorney, the United States Marshal, and
the United States Probation Officer, if appropriate.
The notice shall direct the defendant to report to the United States Marshal
in Atlanta, Georgia, at a time certain on the tenth (10th) day following the date of
the notice in order that the defendant may be committed into custody to abide the
sentence imposed. When the tenth (10th) day falls on Saturday or Sunday, the date
of the following Monday shall be used. When the tenth (10th) day falls on a
holiday, the date of the following day shall be used.
CR-20
When the commitment order specifies that the defendant is allowed to
surrender voluntarily, the notice shall direct the defendant to report to the
designated institution upon notification by the United States Marshal.
Upon failure of the defendant to report as directed, the United States
Marshal shall report the failure to the United States Attorney, and the bond of the
defendant shall become subject to forfeiture without further notice.
(D) Revocation of Bond upon Denial of 28 U.S.C. ' 2255 Petition.
Defendants released on bond whose 28 U.S.C. ' 2255 petitions are denied by the
appellate court are subject to the provisions of LCrR 46.2A.
