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United States v. Rodriguez

United States Court of Appeals, Eleventh Circuit
Oct 14, 1986
803 F.2d 1102 (11th Cir. 1986)

Summary

holding that pretrial detention because of the potential dangerousness of the accused is constitutional

Summary of this case from U.S. v. King

Opinion

No. 86-5631. Non-Argument Calendar.

October 14, 1986.

Roy E. Black, Black Furci, P.A., Miami, Fla., for defendant-appellant.

Leon B. Kellner, U.S. Atty., Michael P. Sullivan, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before GODBOLD, VANCE and JOHNSON, Circuit Judges.


Appellant Roman Rodriguez and others were indicted for RICO violations involving drug offenses and, in part, murder. On the issue of pretrial detention the government relied on the statutory presumption in 18 U.S.C. § 3142(e) and on a detailed factual presentation. The district court applied the procedures set out in U.S. v. Hurtado, 779 F.2d 1467 (11th Cir. 1985). The government's evidence emphasized potential dangerousness. The court found this evidence by the government to be credible and clear and convincing and thus that the statutory presumptions were not sufficiently rebutted to deny pretrial detention. 18 U.S.C. § 3142(f)(2)(B). We find no error in these conclusions.

We agree with the Seventh and Third Circuits that allowing pretrial detention because of potential dangerousness of the accused is constitutional. U.S. v. Portes, 786 F.2d 758 (7th Cir. 1986); U.S. v. Delker, 757 F.2d 1390 (3rd Cir. 1985). Contra see U.S. v. Salerno, 794 F.2d 64 (2nd Cir. 1986); U.S. v. Melandez-Carrion, 790 F.2d 984 (2nd Cir. 1986).

The order of the district court denying pretrial release is AFFIRMED and the motion for bail pending appeal is DENIED.


Summaries of

United States v. Rodriguez

United States Court of Appeals, Eleventh Circuit
Oct 14, 1986
803 F.2d 1102 (11th Cir. 1986)

holding that pretrial detention because of the potential dangerousness of the accused is constitutional

Summary of this case from U.S. v. King
Case details for

United States v. Rodriguez

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. ROMAN RODRIGUEZ…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Oct 14, 1986

Citations

803 F.2d 1102 (11th Cir. 1986)

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