United States Supreme Court Cases & Opinions

U.S. Supreme Court

Beyer v. United States, 396 U.S. 1235 (1970)

Beyer v. United States

Decided January 30, 1970

396 U.S. 1235

ON APPLICATION FOR RESTORATION OF BAIL PENDING APPEAL

Application for restoration of bail pending appeal granted.

Memorandum of MR. JUSTICE HARLAN, Circuit Justice.

While I am always reluctant to interfere with the action of the Court of Appeals on matters of bail pending appeal to that court, I feel constrained under all the circumstances revealed by the papers before me * to grant

Page 396 U. S. 1236

this application. Cf. Fed.Rule App.Proc. 9 (b); Febre v. United States, ante, p. 1225. This is, of course, without prejudice to any application by the United States for a further revocation of bail upon an appropriate showing.

* The applicant was convicted in the District Court for the Western District of New York of assaulting a federal officer in the performance of his duties, the jury being unable to reach a verdict with respect to three codefendants. After sentencing the applicant to prison, the District Court admitted him to bail in the amount of $5,000 pending appeal to the Court of Appeals. His counsel filed a notice of appeal and docketed the record in the Court of Appeals. However, no brief was filed on the applicant's behalf at the time it was due.