Notice Of Appeal (Conviction By Magistrate) (Norfolk) Form. This is a Virginia form and can be use in USDC Eastern Federal.
Tags: Notice Of Appeal (Conviction By Magistrate) (Norfolk), Virginia Federal, USDC Eastern
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk 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, Walter E. Hoffman U.S. Courthouse, 600Granby Street, Norfolk, Virginia, 23510, stating that the defendant appeals from the judgment and bypaying a filing fee. Visit http://www.vaed.uscourts.gov/formsandfees/fees.htm for fee schedule.Record. The original papers and exhibits in the case, together with a transcript of the trialproceedings and a certified copy of the docket entries, shall constitute the record on appeal. Visithttp://www.vaed.uscourts.gov/formsandfees/fees.htm for transcript cost. The cost of preparing thetranscript is not affected by an affirmance or reversal of the conviction and must be paid to the Clerk.Rule of Execution; Release Pending Appeal. The provisions of Rule 38(a) of the FederalRules of Criminal Procedure relating to a stay of execution shall be applicable to a judgment ofconviction entered by a magistrate judge. The defendant may be released pending appeal by amagistrate judge or a district judge in accordance with the provisions of law relating to releasepending 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 may applyfor leave to appeal in forma pauperis. Clerk United States District Court Walter E. Hoffman U.S. Courthouse 600 Granby Street Norfolk, Virginia, 23510 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 Norfolk 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: Norfolk, Virginia American LegalNet, Inc. www.FormsWorkFlow.com