Federal Bail Pending Appeal Standards Workbench

Four-Prong Statutory Test 18 U.S.C. § 3143(b)

Case Matter

Prong 1: Flight & Community Safety (§ 3143(b)(1)(A)) SATISFIED

Clear & convincing evidence defendant is not likely to flee

Clear & convincing evidence defendant poses no danger to community

Prong 2: No Dilatory Purpose (§ 3143(b)(1)(B)) SATISFIED

Appeal is not taken for the purpose of delay

Prong 3: Substantial Question of Law/Fact HIGH SUBSTANTIALITY

Primary Appellate Issue

Standard of Review

Preservation

Prong 4: Statutory Remedy Impact SATISFIED

If decided favorably, likely outcome:

Appellate Assessment Outcome THRESHOLD MET

Projected Appellate Timeline & Custody Impact

Emergency Rule 9(b) Motion: Day 1–14 post-conviction

Appellate Opening Brief: 40 days post-record filing

Oral Argument & Panel Decision: Est. 9–14 months

Custody Exposure Without Bail: Full incarceration during briefing

Legal Memorandum Preview (18 U.S.C. § 3143(b))

Generating assessment memorandum...