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Notice Of Appeal (Conviction By Magistrate) (Richmond) Form. This is a Virginia form and can be use in USDC Eastern Federal.
Tags: Notice Of Appeal (Conviction By Magistrate) (Richmond), Virginia Federal, USDC Eastern
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division INFORMATION CONCERNING APPEAL FROM CONVICTION BY MAGISTRATE JUDGE Notice of Appeal. An appeal from a judgment of conviction by a magistrate judge to a district judgemust be taken within (14) days after entry of the judgment. An appeal shall be taken by filing with the Clerk,United States District Court, 701 East Broad Street, Suite 3000, Richmond, Virginia, 23219, stating that thedefendant appeals from the judgment and by paying a filing fee. Visithttp://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 trial proceedingsand 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 the transcript is notaffected 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 amagistrate judge. The defendant may be released pending appeal by a magistrate judge or a district judge inaccordance with the provisions of law relating to release pending appeal from any other conviction of a district court.(d)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.(e)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 Spottswood W. Robinson III and Robert R. Merhige, Jr. Federal Courthouse 701 East Broad Street Richmond, Virginia 23219 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 Richmond 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) Signature Print Name Address City, State, Zip Code Date: Richmond, Virginia American LegalNet, Inc. www.FormsWorkFlow.com