D'Aquino

Appellant was convicted of treason and sentenced to imprisonment for a term of 10 years and fined $10,000. Her motion to the District Court to be released on bail pending appeal was denied. On filing her notice of appeal she applied to the Court of Appeals for bail pending appeal. After a hearing before Circuit Judges Healy, Bone, and Pope, bail was denied by the court without opinion. Application is now made to me as Circuit Justice for the same relief.

The Circuit Justice has the power to allow bail pending appeal under Rule 46(a) (2), Federal Rules of Criminal Procedure, 18 U.S.C.A., which provides: “Bail may be allowed pending appeal or certiorari only if it appears that the case involves a substantial question which should be determined by the appellate court. Bail may be allowed by the trial judge or by the appellate court or by any judge thereof or by the circuit justice.”

The fact that the Court of Appeals has previously denied an application for bail is a circumstance which makes a Circuit Justice hesitate to act, as Mr. Black suggested in the unreported opinion of Simon v. Unit ed States. In that case he sat as Circuit Justice for the Fourth Circuit. Even though that…