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767 F.2d 736

Docket Nos. 85-1271, 85-1360.

United States v. Bates

Tenth Circuit Court of Appeals

Decided July 25, 1985.

Tenth Circuit Court of Appeals · decided 1985-07-25

Cited by 1 later decisions — most recently July 1985

1 federal appellate ·

Relies on United States v. Affleck

Good law ✅— No negative treatment on recordhow we know

Decided 1985-07-25

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¶1*737Before BARRETT, McWILLIAMS and McKAY, Circuit Judges.

¶2ORDER AND JUDGMENT

¶3In accordance with 10th Cir.R. 9(e) and Fed.R.App.P. 34(a), these appeals came on for consideration on the briefs and records on appeal.

¶4These matters are before the court on defendant-appellant’s renewed application for bail pending appeal pursuant to Fed.R. App.P. 9(b). In the interest of justice, we partially remand the matters to the district court for reconsideration of defendant’s application for release pending appeal under the standards announced by our decision in United States v. Affleck, 765 F.2d 944 (10th Cir.1985). Accordingly, the matters are partially remanded for such further proceedings as are appropriate. See 10th Cir.R. 17(b).

¶5Upon the conclusion of the proceedings contemplated by this order, the district court shall promptly certify the record of the proceedings as a supplemental record. Further, the parties shall, within ten days of the transmittal of the supplemental record on appeal, furnish statements of their respective positions regarding the proceedings on remand.

¶6The partial mandates shall issue forthwith.

¶7McKAY, Circuit Judge,

¶8dissenting:

¶9I would grant bail pending appeal.

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