Anthony Fernandez A/K/A Tony Fernandez, Burl Elton Dalgleish and Carl G. Pratt v. United States

Following the conviction and sentence of Anthony Fernandez on eight counts pertaining to violations of 18 U.S.C. §§ 2314 (interstate fraud), and 371 (conspiracy), and after a hearing held on February 1, 1963, bail on appeal was set at $100,000. This was in addition to $50,000 bail which had been posted and which is still posted pending trial on five additional counts pertaining to violations of 18 U.S.C. §§ 152 (bankruptcy fraud) and 371. Appellant has now moved in this court for an order reducing bail on appeal from $100,000 to $25,000, the $50,-000 bail on the untried counts also to remain in effect.

The Government resists the motion on two grounds, the first being that Fernandez’ proper remedy is to move in the district court for reduction of bail and then to appeal to this court from an order denying such motion, assuming it were denied. Cohen v. United States, 9 Cir., 283 F.2d 50 , is cited as authority for the view that the matter of reducing bail on appeal can only be brought to us in this way.

In Cohen, appellant appealed from a district court order increasing bail pending trial. He then moved in this court for bail pending that appeal or, in the alternative, to reduce…