Notice Of Appeal (Conviction By Magistrate) (Newport News) Form. This is a Virginia form and can be use in USDC Eastern Federal.
Tags: Notice Of Appeal (Conviction By Magistrate) (Newport News), Virginia Federal, USDC Eastern
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Newport News Division INFORMATION CONCERNING APPEAL FROM CONVICTION BY MAGISTRATE JUDGE Notice of Appeal. An appeal from a judgment of conviction by a magistrate judge to adistrict judge must be taken within (14) days after entry of the judgment. An appeal shall betaken by filing with the Clerk, United States District Court, U.S. Courthouse Building, 2400 WestAvenue, Suite 100, Newport News, Virginia 23607, stating that the defendant appeals from thejudgment and by paying a filing fee. Visit http://www.vaed.uscourts.gov/formsandfees/fees.htmfor fee schedule.Record. The original papers and exhibits in the case, together with a transcript of thetrial proceedings and a certified copy of the docket entries, shall constitute the record on appeal.Visit http://www.vaed.uscourts.gov/formsandfees/fees.htm for cost of the transcript. The cost ofpreparing the transcript is not affected by an affirmance or reversal of the conviction and must bepaid to the Clerk.Rule of Execution; Release Pending Appeal. The provisions of Rule 38(a) of theFederal Rules of Criminal Procedure relating to a stay of execution shall be applicable to ajudgment of conviction entered by a magistrate judge. The defendant may be released pendingappeal by a magistrate judge or a district judge in accordance with the provisions of law relating torelease pending appeal from any other conviction of a district court.Scope of Appeal. The defendant shall not be entitled to a trial de novo by a districtjudge. The scope of appeal shall be the same as on a criminal appeal from a judgment of a districtcourt to a court of appeals.Indigent Defendant. If the defendant is unable to pay the cost of an appeal, he mayapply for leave to appeal in forma pauperis. Clerk United States District Court 2400 West Avenue Newport News, Virginia 23607 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 Newport News Division UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) DOCKET NO: ) ) ) Defendant. ) 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) Transcript of proceedings requested. Name and telephone number of court reporter provided. Signature Print Name Address City, State, Zip Code Date: Newport News, Virginia American LegalNet, Inc. www.FormsWorkFlow.com