Opinion
No. 84-5072.
March 23, 1984.
Edward C. Weiner, Asst. U.S. Atty., Peter K. Nunez, U.S. Atty., San Diego, Cal., for plaintiff-appellee.
Michael D. Stein, San Diego, Cal., for defendant-appellant.
Before SCHROEDER, FARRIS and CANBY, Circuit Judges.
ORDER
Despite defendant's assertion to the contrary, our jurisdiction over prejudgment bail matters is appellate, not original. See 18 U.S.C. § 3147(b); Fed.R.App.P. 9(a). That jurisdiction is invoked by the filing of a notice of appeal filed within 10 days of the date of entry of the district court's bail order. See Fed.R.App.P. 4(b).
Consequently, we lack jurisdiction over defendant's request for a reduction of bail pending trial. We therefore remand this appeal to the district court to afford defendant an opportunity to demonstrate excusable neglect for his failure to file a timely notice of appeal. See id.; United States v. Stolarz, 547 F.2d 108, 111 (9th Cir. 1976).