United States v. Davis

PINE, District Judge.

Defendant Joseph Davis has moved to be enlarged on bail pending appeal.

There is no constitutional right to such release, but Rule 46(a)(2), Fed. R.Crim.P., provides that such bail may be allowed “unless it appears that the appeal is frivolous or taken for delay.”

After nearly two weeks of trial, in which numerous motions and objections were made, I cannot say that an appeal would be frivolous, nor at this stage can I say that this motion is taken for delay.

Rule 33(f) of the United States Court of Appeals for this Circuit provides that in addition that that Court may…