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Notice Of Appeal (Conviction By Magistrate) (Newport News) - Virginia
| Notice Of Appeal (Conviction By Magistrate) (Newport News) Form. This is a Virginia form and can be used in USDC Eastern Federal . |
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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 adistrict judge must be taken within ten (10) days after entry of the judgment. An appeal shall betaken by filing with the Clerk, United States District Court, U.S. Postal Office and Courthouse th Building, 101 25 Street, Newport News, Virginia 23607, stating that the defendant appeals fromthe judgment and by paying a $25.00 filing fee. (b) 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. The cost of the transcript is $3.00 per page. The cost of preparing the transcript is not affected byan 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 theFederal Rules of Criminal Procedure relating to a stay of execution shall be applicable to ajudgment of conviction entered by a magistrate. The defendant may be released pending appealby a magistrate or a district judge in accordance with the provisions of law relating to releasepending 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 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. (d) 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 U.S. Postal Office and Courthouse Building th 101 25 Street Newport News, Virginia 23607NOTE: Sentence not stayed by noting appeal Defendant must pay fine at time of sentence. <<<<<<<<<********>>>>>>>>>>>>> 2 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 ( ) YES, name and telephone number of court reporter provided. The above appellant hereby appeals to a United States District Court Judge of the Eastern Districtof Virginia from the above stated judgment. __________________________________Date: (Signature)
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