and this is all that 18 U.S.C. § 3142 requires. Eg. Alatishe, 768 F.2d at 371.
The Act requires that a detention hearing be held at the defendant's "first appearance." Salamone argues that The Government cannot move for pre-trial detention because the October 23, 1986 appearance was not the "first appearance" of the Defendant before us or if we are to consider the October 23, 1986 hearing the first appearance, then the Government has failed to meet its burden because it offered no evidence. This is merely legalistic juggling. The plain fact is that the posture of this case is not expressly provided for in 18 U.S.C. § 3142. An analysis of whether this is a first or third appearance is without merit. In addition, even if this were to be considered a third appearance rather than a first appearance, courts have held that a change in circumstance can justify detaining a defendant even though a detention hearing was not held at the first appearance before a judicial officer. Eg. United States v. Holloway, 781 F.2d 124, 126 (8th Cir. 1986). Thus, even though the Act clearly states that the detention hearing is to be held immediately upon the person's first appearance before the judicial officer, the first appearance mentioned in the statute is obviously to be read in light of the circumstances of each case. Id.
The last contention of Salamone is that this Court need not independently determine the detention issue because the Honorable Pierre N. Leval before whom Salamone is appearing as a defendant in the matter of United States v. Badalementi is also considering releasing Salamone on bail. In support of the position that we may rely on Judge Leval's determination as to Salamone's bail status, Salamone makes two arguments. First, he argues that Judge Leval has stated on the record that he will grant bail to Salvatore Salamone on the "terms set forth in Mr. Fogelnest's papers." This statement without more is insufficient for us to grant bail to Salamone. As a second contention Salamone argues that the charges he faces in the Southern District of New York could result in a prison sentence of 50 years and fines in excess of a half million dollars. We are of the view that the potential sentence in the Southern District of New York should have no bearing on our own independent determination of bail. Thus, we made our determination of whether or not to allow bail based on the evidence presented at the hearing of October 23, 1986 as well as the evidence adduced at the first trial of this case and the post-trial detention hearing. We made our analysis independent of any alleged determination made by Judge Leval in the Southern District of New York.
An appropriate order shall issue.
1. Salamone's motion for bail filed October 8, 1986 is denied.
2. The United States's motion for pre-trial detention made in open court on October 23, 1986 is granted.
3. Salvatore Salamone shall remain in the custody of the Attorney General of the United States pursuant to 18 U.S.C. § 3142 pending the trial of the above-captioned case.
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