Opinion · Court of Appeals for the First Circuit

United States v. Kenneth Schiavo and Gennaro Farina

587 F.2d 532

Type
Opinion
Court
Court of Appeals for the First Circuit
Jurisdiction
Federal
Date
1978-11-15
Topic
general

PER CURIAM. In view of a legal error committed during the trial, the district court “conditionally” granted defendants’ motions to vacate sentence, stating, “if the government does not move for new trials within 90 days, petitioners . . . shall be discharged from federal custody on this judgment.” There *533 after the district court denied defendants’ motions for release on bail pending their retrial or unconditional discharge. Appellants appeal from the denial of bail.. We are of the opinion that the court erred in denying bail. The question before it was not one of imposing bail pending appeal, as the court may have believed, but rather was comparable to the situation that exists prior to a trial.

Citator

UpLaw has not yet analyzed United States v. Kenneth Schiavo and Gennaro Farina. The absence of a flag is not a finding that it is good law.

Cited by
2 opinions