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681 KB
Extraction Summary
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People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
681 KB
Summary
This legal document is a court filing from September 22, 2021, detailing the procedural history of a defendant's third motion for release on bail. It outlines the dates of the defendant's motion, the government's opposition, and the defendant's reply. The document then discusses the legal standard regarding the court's jurisdiction to rule on the bail motion while the defendant's bail appeal is pending in a higher court.
Organizations (5)
| Name | Type | Context |
|---|---|---|
| The Court | Government agency |
The judicial body that imposed conditions, received motions, and is considering its jurisdiction.
|
| The Government | Government agency |
The party that opposed the Defendant's motion for release on bail.
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| United States | Government agency |
Mentioned in the case name 'United States v. Rodgers' and in the 'United States Constitution'.
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| court of appeals | Government agency |
The appellate court that gains jurisdiction after a notice of appeal is filed.
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| district court | Government agency |
The trial-level court that is divested of control over aspects of a case involved in an appeal.
|
Timeline (3 events)
2021-03-09
The Government opposed the Defendant’s motion for release on bail (Dkt. No. 165).
The Court
Relationships (1)
The Government opposed the Defendant's motion for release on bail.
Key Quotes (1)
"As a general matter, ‘the filing of a notice of appeal is an event of jurisdictional significance— it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal.’"Source
— United States v. Rodgers, 101 F.3d 247, 251 (2d Cir. 1996)
(Cited to explain the legal principle of divestiture of jurisdiction when a case is under appeal.)
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Quote #1
Full Extracted Text
Complete text extracted from the document (1,975 characters)
Case 20-cr-00330-AJN Document 169-2 Filed 09/22/21 Page 3 of 12
escape; and that the Defendant’s lack of candor regarding her family ties and financial situations raised serious doubts as to her willingness to comply with any conditions imposed by the Court.
See Dkt. No. 106.
On February 23, 2021, the Defendant filed a third motion for release on bail. Dkt. No. 160 (“Def. Mot.”). The Government opposed the Defendant’s motion on March 9, 2021. Dkt. No. 165 (“Gov’t Opp’n”). The Defendant filed her reply under temporary seal on March 16, 2021.
II. Legal Standard
The parties dispute whether the divestiture of jurisdiction rule precludes this Court from granting the Defendant’s third bail motion while Defendant’s bail appeal is pending. See Gov’t Opp’n at 2–3; Reply at 2–3; see also United States v. Rodgers, 101 F.3d 247, 251 (2d Cir. 1996) (“As a general matter, ‘the filing of a notice of appeal is an event of jurisdictional significance— it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal.’”) (citation omitted). Under Rule 37(a) of the Federal Rules of Criminal Procedure, however, the Court unquestionably has authority to defer considering the motion, deny the motion, or state either that it would grant the motion if the court of appeals remands for that purpose or that the motion raises a substantial issue. Fed. R. Crim. P. 37(a). Because the Court denies the Defendant’s motion, it does not resolve the question of whether it would have jurisdiction to grant it.
Pretrial detainees have a right to bail under the Eighth Amendment to the United States Constitution and under the Bail Reform Act, 18 U.S.C. § 3141, et seq. The Bail Reform Act requires that a court release a defendant “subject to the least restrictive further condition, or combination of conditions, that [it] determines will reasonably assure the appearance of the
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DOJ-OGR-00000866
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