Third Circuit Denies Jenifer O’Neal’s Bid for Release Pending Appeal

Aug 27, 2026 Regional 0 Comments

ST. THOMAS, U.S. VIRGIN ISLANDS — Former Virgin Islands Office of Management and Budget Director Jenifer O’Neal has been denied another attempt to secure release from federal custody while she appeals her criminal convictions, this time by the U.S. Court of Appeals for the Third Circuit.

In a terse order issued Tuesday, a two-judge panel consisting of Circuit Judges Cheryl Ann Krause and Cindy K. Chung denied O’Neal’s motion for release pending appeal.

The order consisted of a single sentence: “The foregoing motion for release pending appeal is DENIED.” The judges provided no explanation for their decision. 

The ruling does not resolve O’Neal’s underlying appeal of her convictions. That case remains active before the Third Circuit, with her appellate brief due September 21, 2026. 

O’Neal was convicted following a federal corruption trial involving allegations of wire fraud, bribery and money laundering. She was sentenced in June to seven years in federal prison, followed by three years of supervised release and $34,000 in restitution.

Her effort to remain out of custody has faced repeated setbacks.

Before approaching the Third Circuit, O’Neal sought relief in the U.S. District Court of the Virgin Islands. District Judge Mark Kearney rejected her requests to delay her surrender while she pursued her appeal, ultimately ordering her to report to federal custody. 

O’Neal subsequently took her request for release to the Third Circuit in July, arguing that her appeal raises substantial legal questions that could potentially result in her convictions being overturned or a new trial being ordered.

Her attorneys also argued that she was not a flight risk or danger to the community and pointed to the Third Circuit’s decision to release another former Virgin Islands official pending appeal. 

Federal prosecutors opposed O’Neal’s request, arguing that her appeal did not present a substantial question of law or fact likely to result in reversal, a new trial or a significantly reduced sentence. Prosecutors maintained that she should remain detained while the appeal proceeds.

The Third Circuit has now rejected the request for release, but O’Neal’s fight against her convictions is not over.

The next significant deadline in the case is September 21, when her defense is expected to file its appellate brief challenging the convictions.

Until the court rules on that appeal, O’Neal remains in federal custody while serving her seven-year sentence.

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