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18 U.S.C. § 3731 — Appeal by United States

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3731 — Appeal by United States

In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information or granting a new trial after verdict or judgment, as to any one or more counts, or any part thereof, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution.

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Stable record: federal_law:legal_authorities:record_usc_41b439fca4d96af9e58478e7
Source file: Laws/federal/codes/united-states-code/title-18/section-3731-appeal-by-united-states--0b69f59e86.md
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Source location: Title 18, Chapter 235, § 3731; chapter-235-appeal.md

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In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information or granting a new trial after verdict or judgment, as to any one or more counts, or any part thereof, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3143 — Release or detention of a defendant pending sentence or appeal

**(a) Release or Detention Pending Sentence.—** (1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable guideline promulgated pursuant to [28 U.S.C. 994](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994&num=0&edition=prelim) does not recommend a term of imprisonment, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c). If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c). (2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained unless— (A) (i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or (ii) an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and (B) the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. **(b) Release or Detention Pending Appeal by the Defendant.—** (1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition fo

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3143

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3145 — Review and appeal of a release or detention order

**(a) Review of a Release Order.—** If a person is ordered released by a magistrate judge, or by a person other than a judge of a court having original jurisdiction over the offense and other than a Federal appellate court— (1) the attorney for the Government may file, with the court having original jurisdiction over the offense, a motion for revocation of the order or amendment of the conditions of release; and (2) the person may file, with the court having original jurisdiction over the offense, a motion for amendment of the conditions of release. The motion shall be determined promptly. **(b) Review of a Detention Order.—** If a person is ordered detained by a magistrate judge, or by a person other than a judge of a court having original jurisdiction over the offense and other than a Federal appellate court, the person may file, with the court having original jurisdiction over the offense, a motion for revocation or amendment of the order. The motion shall be determined promptly. **(c) Appeal From a Release or Detention Order.—** An appeal from a release or detention order, or from a decision denying revocation or amendment of such an order, is governed by the provisions of [section 1291 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1291&num=0&edition=prelim) and [section 3731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3731&num=0&edition=prelim). The appeal shall be determined promptly. A person subject to detention pursuant to section 3143(a)(2) or (b)(2), and who meets the conditions of release set forth in section 3143(a)(1) or (b)(1), may be ordered released, under appropriate conditions, by the judicial officer, if it is clearly shown that there are exceptional reasons

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3145

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2109 — Quorum of Supreme Court justices absent

If a case brought to the Supreme Court by direct appeal from a district court cannot be heard and determined because of the absence of a quorum of qualified justices, the Chief Justice of the United States may order it remitted to the court of appeals for the circuit including the district in which the case arose, to be heard and determined by that court either sitting in banc or specially constituted and composed of the three circuit judges senior in commission who are able to sit, as such order may direct. The decision of such court shall be final and conclusive. In the event of the disqualification or disability of one or more of such circuit judges, such court shall be filled as provided in chapter 15 of this title.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2109

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10321 — Regional information sharing systems grants

**(a) Authority of Director** The Director of the Bureau of Justice Assistance is authorized to make grants and enter into contracts with State, tribal, and local criminal justice agencies and nonprofit organizations for the purposes of identifying, targeting, and removing criminal conspiracies and activities and terrorist conspiracies and activities spanning jurisdictional boundaries. **(b) Purposes** Grants and contracts awarded under this subchapter shall be made for— (1) maintaining and operating regional information sharing systems that are responsive to the needs of participating enforcement agencies in addressing multijurisdictional offenses and conspiracies, and that are capable of providing controlling input, dissemination, rapid retrieval, and systematized updating of information to authorized agencies; (2) establishing and operating an analytical component to assist participating agencies and projects in the compilation, interpretation, and presentation of information provided to a project; (3) establishing and maintaining a secure telecommunications system for regional information sharing between Federal, State, tribal, and local law enforcement agencies; (4) establishing and operating secure information sharing systems to enhance the investigation and prosecution abilities of participating enforcement agencies in addressing multi-jurisdictional terrorist conspiracies and activities; and (5) other programs designated by the Director that are designed to further the purposes of this subchapter. **(c) Rules and regulations** The Director is authorized to promulgate such rules and regulations as are necessary to carry out the purposes of this section, including rules and regulations for submitting and reviewing applications. **(d) Authorization of appro

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10321

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3731 — Appeal by United States

Page 877 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3731 CHAPTER 233—CONTEMPTS Sec. 3691. Jury trial of criminal contempts. 3692. Jury trial for contempt in labor dispute cases. 3693. Summary disposition or jury trial; notice— Rule. § 3691. Jury trial of criminal contempts Whenever a contempt charged shall consist in willful disobedience of any lawful writ, process, order, rule, decree, or command of any district court of the United States by doing or omitting any act or thing in violation thereof, and the act or thing done or omitted also constitutes a criminal offense under any Act of Congress, or under the laws of any state in which it was done or omitted, the accused, upon demand therefor, shall be entitled to trial by a jury, which shall conform as near as may be to the practice in other criminal cases. This section shall not apply to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in dis- obedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States. (June 25, 1948, ch. 645, 62 Stat. 844.) HISTORICAL AND REVISION NOTES Based on sections 386, 389 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Oct. 15, 1914, ch. 323, §§ 21, 24, 38 Stat. 738, 739). The first paragraph of this section is completely re- written from section 386 of title 28, U.S.C., 1940 ed., Ju- dicial Code and Judiciary, omitting everything covered and superseded by rules 23 and 42 of the Federal Rules of Criminal Procedure. The second paragraph of this section is derived from section 389 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, om

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3731

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