Public-domain · open source
OpenJurist

21 F.3d 606

Docket No. 94-10364.

United States v. Lodhi

Fifth Circuit Court of Appeals

Decided May 11, 1994.

Fifth Circuit Court of Appeals · decided 1994-05-11

Cited by 2 later decisions — most recently December 2001

1 federal appellate · 1 state decisions

2 counsel of record

Applies 18 U.S.C. § 3143 (Bail Reform Act of 1984)

Relies on United States v. Lacy

Good law ✅— No negative treatment on recordhow we know

Decided 1994-05-11

View the full empirical analysis of this case →

¶1*607Mahmood Khan Lodhi, pro se.

¶2Michael Worley, Asst. U.S. Atty., Paul E. Coggins, U.S. Atty., Ft. Worth, TX, for plaintiff-appellee.

¶3Before JOLLY, WIENER and EMILIO M. GARZA, Circuit Judges.

¶4BY THE COURT:

¶5Mahmood Khan Lodhi’s motion for release pending appeal is DENIED. The provisions of 18 U.S.C. § 3143 and Fed.R.App.P. 9(b), which govern the release and detention of a defendant pending sentence or appeal from a judgment of conviction, do not apply to appeals from orders revoking supervised release. Release pending appeal of an order revoking supervised release will be granted only upon a showing of exceptional circumstances. See United States v. Lacy, 643 F.2d 284, 285 (5th Cir.1981) (interpreting the Bail Reform Act of 1966). Exceptional circumstances include the raising of substantial claims upon which the appellant has a high probability of success, a serious deterioration of health while incarcerated, and any unusual delay in the process of appeal. Id.

¶6Lodhi has not shown that exceptional circumstances warrant his release. Accordingly, Lodhi’s motion for release pending appeal is DENIED. Lodhi’s motion for a bond hearing also is DENIED.

/21/f3d/606 · .json · Public domain