Background
The United States appealed an order concerning the pretrial release of Benlin Yuan. The government filed a motion to vacate the district court’s pretrial release order rather than the required memorandum under local rules.
The court’s reasoning
The court explained that Federal Rule of Appellate Procedure nine governs appeals of pretrial release orders and requires a memorandum. The court noted that a motion to vacate is a strange motion for this context and is not contemplated by the rules for pretrial release appeals. The court distinguished this from Rule nine subsection b, which allows a motion to modify a release order only after a defendant has appealed a conviction. The government failed to show grounds for reconsideration of the motions panel’s determinations.
What it means going forward
The decision clarifies that the government must use a memorandum to appeal pretrial release decisions. It also removes the barrier preventing Immigration and Customs Enforcement from taking custody of the defendant while the case proceeds.