Notice Of Appeal (Conviction By Magistrate) (Alexandria) Form. This is a Virginia form and can be use in USDC Eastern Federal.
Tags: Notice Of Appeal (Conviction By Magistrate) (Alexandria), Virginia Federal, USDC Eastern
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division INFORMATION CONCERNING APPEAL FROM CONVICTION BY MAGISTRATE (a) Notice of Appeal. An appeal from a judgment of conviction by a magistrate to a district judge must be taken within ten (10) days after entry of the judgment. An appeal shall be taken by filing with the Clerk, United States District Court, Albert V. Bryan U.S. Courthouse, 401 Courthouse Square, Alexandria, Virginia, 22314, stating that the defendant appeals from the judgment and the reasons for the appeal. The filing fee is $32.00. (b) Rule of Execution; Release Pending Appeal. The provisions of Rule 38(a) of the Federal Rules of Criminal Procedure relating to a stay of execution shall be applicable to a judgment of conviction entered by a magistrate. The defendant may be released pending appeal by a magistrate or a district judge in accordance with the provisions of law relating to release pending appeal from any other conviction of a district court. (c) Scope of Appeal. The defendant shall not be entitled to a trial de novo by a district judge. The scope of appeal shall be the same as on a criminal appeal from a judgment of a district court to a court of appeals. (d) Indigent Defendant. If the defendant is unable to pay the cost of an appeal, he may apply for leave to appeal in forma pauperis. Clerk United States District Court Albert V. Bryan U.S. Courthouse 401 Courthouse Square Alexandria, Virginia 22314 NOTE: Sentence not stayed by noting appeal Defendant must pay fine at time of sentence. American LegalNet, Inc. www.FormsWorkflow.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) Plaintiff, v. ____________________________ Defendant. DOCKET NO: _______________________ NOTICE OF APPEAL Pursuant to Rule 58(g) of the Rules of Criminal Procedure, Defendant appeals the __________________________ decision, order, judgment, or sentence of the magistrate judge. (Date) The reasons for appeal are as follows: (Attach additional page if necessary) _______________________________ Signature _______________________________ Print Name _______________________________ Address _______________________________ City, State, Zip Code Date: ____________________________ Alexandria, Virginia American LegalNet, Inc. www.FormsWorkflow.com