CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


FEBRE V. UNITED STATES, 396 U. S. 1225 (1969)

Subscribe to Cases that cite 396 U. S. 1225 RSS feed for this section

U.S. Supreme Court

Febre v. United States, 396 U.S. 1225 (1969)

Febre v. United States

Decided September 10, 1969

396 U.S. 1225

ON APPLICATION FOR BAIL PENDING APPEAL

Syllabus

Application for bail pending appeal from conviction held in abeyance and matter remanded to Circuit Court Judge. The District Court denied bail without making the written explanation mandated by Fed.Rule App.Proc. 9(b), and it does not appear why the Court of Appeal did not remand the matter to the District Court for compliance with the Rule as it had done in case of a codefendant's similar bail application.

Memorandum of MR. JUSTICE HARLAN, Circuit Justice.

This is an application for bail pending applicant's appeal to the Court of Appeals from a narcotics conviction.

The Government, while not contending that the appeal is frivolous or taken for purposes of delay, seeks to support the lower court's denial of bail on the score that it was found that applicant, if released on bail, would present a danger to the community, and further that he was a poor bail risk. See 18 U.S.C. § 3148; Fed.Rule Crim.Proc. 46(a)(2).

My difficulty with this position is twofold: first, so far as the papers reveal, the District Court in denying bail did not "state in writing the reasons" for its action, as required by Fed.Rule App.Proc. 9(b). Second, it does not appear why the matter was not remanded to the District Court for compliance with Rule 9(b), as the Court of Appeals had done in the case of an earlier similar bail application by a codefendant, and neither Judge Smith nor Judge Anderson, on reapplication, otherwise explained his refusal to disturb the District Court's determination. With no record of the proceedings chanroblesvirtualawlibrary

Page 396 U. S. 1226

below before me, I cannot assume, as the Government would have me do, that either Judge Smith or Judge Anderson regarded the District Court' findings on remand respecting the codefendant as equally applicable to this applicant.

While I have always been particularly reluctant to interfere with a denial of bail below pending appeal to the Court of Appeal, I do not think that I should act in this instance without more light from the lower courts. I shall therefore remand the matter to Judge Smith or Judge Anderson, as the case may be, for appropriate explication, meanwhile holding this application in abeyance.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED