Motions for Reconsideration or Appeal from Detention or

Release Orders. A party challenging a detention or release order may file a motion for reconsideration before the magistrate judge or an appeal to the district judge. (a) Where the challenge to the order is based on new information that was not available to the parties or the magistrate judge at the detention hearing, the challenge should be raised in a motion for reconsideration, except as outlined in Subsection (f). The magistrate judge has the discretion to afford the opposing party an opportunity to respond to such motions.

Any party not opposing a motion for reconsideration shall file a statement of no opposition. (b) Defendant or the government may appeal an order of a magistrate judge detaining or releasing Defendant, pursuant to the Bail Reform Act of 1984, 18 U.S.C. § 3141, et seq. Any party may also appeal any of Defendant’s conditions of release imposed by a magistrate judge. (c) In a written motion or orally at the detention hearing before the magistrate judge, the party considering an appeal shall notify the court and may request to stay an order detaining or releasing Defendant pending the appeal.

An order detaining or releasing Defendant shall not be stayed pending appeal unless ordered by the presiding magistrate or district judge. (d) The appeal of an order of a magistrate judge detaining or releasing Defendant shall be heard expeditiously, typically within two business days of the notice of appeal of the order of a magistrate judge. The district judge shall preside and, if a district judge is not yet assigned, then the clerk’s office will assign a district judge to hear the expedited appeal. (e) Any party may request a continuance of a hearing on appeal for good cause, or the district judge may continue the hearing, based upon additional information and argument in the parties’ supplemental memoranda and responses.

(f) Once the district judge has addressed detention or release, including the appeal of a detention or release order, any further motions requesting release or detention shall be presented to the district judge. 37