United States v. Hermie Cordero
Opinion
Opinion
ORDER
On April 19, 1993, we issued an unpublished order denying the application to this case of the automatic stay provision of Ninth Circuit Rule 9-1.2(d). On the same day, appellant filed an emergency motion for reconsideration of the court’s order, which was denied the following day. We issue this published order to explain the court’s decision.
On March 5, 1993, the district court sentenced appellant Hermie Cordero (“Corde-ro”) to imprisonment for a term of 121 months for importation of methamphetamine in violation of 21 U.S.C. § 952 (a). The district court’s judgment was entered March 11, 1993. On March 15, 1993, Cordero filed a timely notice of appeal and a motion for bail pending appeal pursuant to Federal Rule of Appellate Procedure 9(b). On March 19, 1993, the district court heard argument on the motion for bail and denied it. The district court ordered Cordero to surrender voluntarily on Monday, April 19, 1993. On Friday, April 16, 1993, Cordero filed a motion for bail pending appeal in this court, and sought a stay of her surrender date pursuant to Ninth Circuit Rule 9-1.2(d), which provides for an automatic stay where the appellant “is on bail at the time the motion…