5th Cir. R. 9

9.1 Release Before Judgment of Conviction. The clerk’s office will advise counsel

of the requirements of this rule after receiving a copy of a notice of appeal from the district court

from an order respecting release entered prior to a judgment of conviction (FED. R. APP. P. 9(a)),

or on counsel’s advice a notice of appeal has been or will be filed.

Four copies of a memorandum must be filed within 10 days of the filing of the notice of

appeal, clearly setting out the nature and circumstances of the offense charged and why the

order respecting release is unsupported by the district court proceedings.

9.2 Release After Judgment of Conviction. The original and 3 copies of an

application regarding release pending appeal from a judgment of conviction (FED. R. APP. P.

9(b)) must be filed with the clerk of this court.

(a) The application for release must contain:

(1) The appellant’s name;

(2) The district court docket number;

(3) The offense of which appellant was convicted; and

(4) The date and terms of sentence.

(b) The application must also contain:

(1) The legal basis for the contention that appellant is unlikely to flee or

pose a danger to the safety of any other person or the community;

(2) An explanation why the district court's findings are clearly erroneous;

and

(3) The issues to be raised on appeal that present substantial questions of

law or fact likely to result in reversal or an order for a new trial on all

counts of the indictment on which incarceration has been imposed,

with pertinent legal argument establishing that the questions are

substantial.

9.3 Required Documents. A copy of the district court's order respecting release

pending trial or appeal, containing the written reasons for its ruling, must be appended to the

memorandum or the application filed under 5TH CIR. R. 9.1 or 9.2.

(a) If the appellant questions the factual basis of the order, a transcript of the

district court proceedings on the motion for release must be filed with this

court. If the transcript is not filed with the memorandum or application, the

appellant must attach a court reporter’s certificate verifying that the transcript

has been ordered and that satisfactory financial arrangements have been made

to pay for it, together with the transcript’s estimated date of completion.

(b) If the appellant cannot obtain a transcript of the proceedings, the appellant

must state in an affidavit the reasons why not.

9.4 Service. A copy of the memorandum or application filed under 5TH CIR. R. 9.1

or 9.2 must be hand-delivered to government counsel or served by other expeditious method.

9.5 Response. The opposing party must file a written response to all requests for

release within 10 days after service of the memorandum or application.