United States v. Grigory Zherebchevsky, (Two Cases)

ORDER

Appellant timely filed an appeal from his conviction for wire fraud and aiding and abetting. That appeal was assigned docket No. 87-1393. Subsequently, appellant moved the district court for bail pending appeal. On February 24, 1988, the district court denied the motion and ordered appellant to report to the facility designated by the Bureau of Prisons on or before March 4, 1988. On February 26, 1988, appellant filed a notice of appeal from the district court’s denial of bail. That appeal was assigned docket No. 88-1099. The district court then stayed appellant’s surrender date pending this court’s disposition of appeal No. 88-1099.

Appellant has now submitted briefs in both appeals. In appeal No. 88-1099, he states that “[p]ursuant to the local rules of this Circuit, [he] is presently free on bond.” Appellant evidently refers to Ninth Cir.R. 9-1.2(d), which provides that when an appellant is on bail at the time a motion for bail is filed in this court, that bail will remain in effect until the court rules on the motion. That rule does not provide, however, that an appellant may simply file a “notice of appeal” from the district court’s denial of bail, without more, and…