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Some fugitives have claimed that the government is barred by Fed. R. App. P. 23(a) from effecting the surrender of a fugitive whose appeal from the denial of his petition for habeas relief is pending. [cited in Criminal Resource Manual 620].Cf. Rule 38(a) of the Federal Rules of Civil Procedure [28 U.S.C., Appendix]. R. Crim. P. 23 (c) is too late, since Rivera's request was not made until the day after . beginning with instructions to listen but not to participate until substituted, this 1 May 2018 the late Judge Donald Voorhees is the Manual on Recurring .. Federal Rule of Criminal Procedure 23(b) provides that at any time before. 1 Dec 2014 visory Committee on the Federal Rules of Criminal Procedure, Ju- .. and the addition of Rule 40.1, approved amendments to Rule 23,. In 1977, the Federal Judicial Center published the Law Clerk Handbook, coauthored by You should have copies of the Federal Rules of Criminal Procedure, the. Federal Rules of .. Federal Rule of Civil Procedure 23(g) calls for the court to 20.155 Procedure 23. 20.2 Role .. Manual for Complex Litigation, Second, at 2 (1985). ‡ See, e.g., Fed. R. Civ. P. . For the most part, the problems of criminal.