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UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. JOSEPH KOLEK, DEFENDANT-APPELLANT.

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).

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UNITED STATES v. KOLEK
(Mar 23, 1984)