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Notice Of Appeal (Conviction By Magistrate) (Richmond) - Virginia
| Notice Of Appeal (Conviction By Magistrate) (Richmond) 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 Richmond 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, Lewis F. Powell Jr. U.S. Courthouse,1000 East Main Street, Richmond, Virginia, 23219, stating that the defendant appeals from thejudgment and the reasons for the appeal. The filing fee is $25.00. (b) 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 Lewis F. Powell Jr. U.S. Courthouse 1000 East Main Street Richmond, Virginia 23219NOTE: 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 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
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