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 (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, U.S. Postal Office and Courthouse Building, 101 25th Street, Newport News, Virginia 23607, stating that the defendant appeals from the judgment and by paying a $32.00 filing fee. (b) Record. The original papers and exhibits in the case, together with a transcript of the trial proceedings and a certified copy of the docket entries, shall constitute the record on appeal. The cost of the transcript is $3.00 per page. The cost of preparing the transcript is not affected by an affirmance or reversal of the conviction and must be paid to the Clerk. (c) 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 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 NOTICE OF APPEAL UNITED STATES OF AMERICA CR. NO. ____________ vs. MAG. NO. ____________ ____________________________ APPELLANT: DATE BEFORE U.S. MAGISTRATE: OFFENSE: JUDGMENT: REQUEST TRANSCRIPT OF PROCEEDINGS ( court reporter provided. ) YES, name and telephone number of The above appellant hereby appeals to a United States District Court Judge of the Eastern District of Virginia from the above stated judgment. Date: __________________________________ (Signature) American LegalNet, Inc. www.FormsWorkflow.com