Does anyone know what the procedure is in federal courts after a sentence is vacated and remanded by the appellate court? How long do they have to send some one back from prison to the district court? What about a motion being filed by the federal district court against the decision of the appellate court ? What happens to the prisoner then? Does he stay in prison or go back to the district jail?

A court date will be set to hear arguments consisted with the appellate court's decision. The inmate will be transferred to the County Court usually several days before this hearing.

the remand is a great and rare thing. His attorney will file for a date and then the Marshals will bring him back. The court doesn't file motions only defense and prosecution...and they have already filed, unless they are taking it to the Supreme court. I expect he will stay put until the hearing is set. Congratulations, assuming it was a defense motion that got him remanded, hopefully it will be good news.

my son was remanded back to lower court for a vacated sentence, by the circuit court..they had to resentence him for aggrevated battery, and that has taken 1 year as of today

It takes 30 days its called a mandate because decades ago the overturned conviction had to be delivered on horse back to the prison ...in Maryland.They never changed the 30 day timeframe ever since !!

Ok so the atorney filed an appeal, In federal out of Knoxville, TN. So can I go to the hearing? How can I find it own the web? It was filed the 8 DEC, 2006

My b/f won an appeal vacated his sentence and remanded resentencing. that was sept23 06 He went to court december 9 06.