“ Applicant also requests a stay of the mandate of the Court of Appeals for the Second Circuit and continuance of bail pending determination of his petition for certiorari. Pursuant to the opinion of the Court of Appeals, the mandate has already issued. Treating the papers as an application for bail pending action on the petition, I note that there is no sign that applicant has made a request to the Court of Appeals, as he may under Fed.Rule App.Proc. 23 (b) . In my view that court should have an opportunity to consider applicant's request before it is entertained by a Justice of this Court. ”