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United States v. Coleman

November 27, 1985

UNITED STATES, APPELLANT
v.
NATHANIEL COLEMAN, ET AL.



On Appeal from the United States District Court for the Eastern District of Pennsylvania

Author: Sloviter

BEFORE: SLOVITER, BECKER, and STAPLETON, Circuit Judges

SLOVITER, Circuit Judges.

Once again we are faced with an issue arising under the provisions of the Bail Reform Act of 1984, which was enacted as part of the Comprehensive Crime Control Act of 1984. As we have recently had occasion to note, that Act sets forth different standards for release on bail for defendants who are pending trial, those who have been convicted and are awaiting sentencing, and those who have been sentenced and are pending appeal. In United States v. Miller, 753 F.2d 19 (3d Cir. 1985), we considered the statutory section dealing with detention pending appeal. See 18 U.S.C. § 3143(b). In United States v. Strong, 775 F.2d 504 (3d Cir. 1985), we considered the provision covering release or detention pending sentence. See 18 U.S.C. § 3143(a). In United States v. Delker, 757 F.2d 1390 (3d Cir. 1985), we considered the provision of the statute authorizing detention without bail pending trial, 18 U.S.C. § 3142, the same issue before us today.

The applicable portions of that statutory section permit a judicial officer to "order the detention of the person prior to trial" if "the judicial officer finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community." 18 U.S.C. § 3142(e). The statute further provides:

In a case described in (f)(1), a rubuttable presumption arises that no condition or combination of conditions will reasonably assure the safety of any other person and the community if the judge finds that--

(1) the person has been convicted of a Federal Offense that is described in subsection (f)(1), or of a State or local offense that would have been an offense described in subsection (f)(1) if a circumstance giving rise to Federal jurisdiction had existed;

(2) the offense described in paragraph (1) was committed while the person was on release pending trial for a Federal, State, or local offense; and

(3) a period of not more than five years had elapsed since the date of conviction, or the release of the person from imprisonment, for the offense described in paragraph (1), whichever is later.

Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the person committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), section 1 of the Act of September 15, 1980 (21 U.S.C. 955a), or an offense under section 924(c) of title 18 of the United States Code.

(f) Detention hearing. -- The judicial officer shall hold a hearing to determine whether any condition or combination of conditions set forth in subsection (c) will reasonably assure the appearance of the person as required and the safety of any other person and the community in a case --

(1) upon motion of the attorney for the Government, that involves --

(A) a crime of violence;

(B) an offense for which the maximum sentence is life imprisonment or death;

(C) an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act (21 U.S.C. 801 et seq.). the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or section 1 of the Act of September 15, 1980 (21 U.S.C. 955a); or

(D) any felony committed after the person had been convicted of two or more prior offenses described in subparagraph (A) through (C), or two or more State or local offenses that would have been offenses described in subparagraph (A) through (C) if a circumstance giving rise to Federal jurisdiction had existed; or

(2) Upon motion of the attorney for the Government or upon the judicial officer's own ...


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