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UNITED STATES v. CLARK

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


August 22, 1968

UNITED STATES of America
v.
Cassino CLARK

The opinion of the court was delivered by: MASTERSON

MEMORANDUM AND ORDER

 MASTERSON, District Judge.

 The defendant Cassino Clark has been charged in an indictment filed August 1, 1967, with one count of robbery of a post office using a dangerous weapon in violation of Title 18 U.S.C. § 2114. The defendant was arrested on June 29, 1967, and bail was set in the amount of $15,000.00 by the United States Commissioner on July 24, 1967. Since the time of his arrest he has been detained in Holmesburg County Prison in Philadelphia, Pennsylvania, and his case is listed for trial in October 1968. *fn1" Presently he has made two motions pursuant to Title 18 U.S.C. § 3147(a) for reduction of bail and/or release in his own recognizance. Because this Court is without jurisdiction to entertain the defendant's motions at the present time these motions must be denied.

 The recently-enacted Bail Reform Act clearly entitles a person detained on bail to review of the initial bail determination by the court having original jurisdiction over the offense with which he is charged. *fn2" The language of the Act indicates, however, that a jurisdictional prerequisite to such review is an application pursuant to Title 18 U.S.C. § 3146(d) to the judicial officer who originally imposed bail. *fn3" In the absence of such an application, this Court is without the jurisdiction to entertain a motion pursuant to Title 18 U.S.C. § 3147(a) even if the prisoner has been indicted since the time of the bail hearing. See, Shackleford v. United States, 127 U.S. App. D.C. 285, 383 F.2d 212, 215, (C.A.D.C., 1967), and United States v. Grimes, 275 F. Supp. 577, 579 (D.C., Wash., D.C. 1967). The purpose served by this jurisdictional requirement is to permit " * * * the committing judicial officer * * * an opportunity to reconsider and modify the conditions (of bail), or to state in writing his reasons for not doing so." Shackleford, supra, 383 F.2d at 215.

 The defendant here has not made prior application pursuant to Title 18 U.S.C. § 3146(d) to the United States Commissioner who originally imposed bail. He also has not alleged that this officer is not available for purposes of making such a review, an allegation which, if true, would permit this Court to treat his present motions as motions made pursuant to Title U.S.C. § 3146. See supra, f.n. 3. Accordingly, it would be improper for this Court to entertain the defendant's motions at this time.

 For the reasons discussed above it is hereby ordered that the defendant's motions to reduce bail and/or release him on his own recognizance are denied.


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