Bail Reform Act - Bail Pending Appeal

United States v. Goforth, 546 F.3d 712 (4th Cir. 2008)

18 U.S.C. § 3145(c) severely limits bail pending appeal in cases of drug cases and violent crimes. The code provides that in “exceptional circumstances” the judicial officer may permit bond. Some courts have held that only an appellate judge can make the “exceptional circumstances” finding. The Fourth Circuit rejects that argument in this case, holding that the district court is empowered to grant bond in exceptional circumstances pursuant to § 3145(c).

United States v. Johnson, 399 F.3d 1297 (11th Cir. 2005)

The crime of being a felon in possession of a firearm (18 U.S.C. § 922(g)) is not a crime of violence that triggers § 3143(a)’s requirement of detention immediately following a conviction.

United States v. Abuhamra, 389 F.3d 309 (2d Cir. 2004)

A district court’s order of detention pending sentencing is a final order that may be appealed to the court of appeals. 18 U.S.C. § 3145(c). In this case, the Second Circuit held that an appeal bond may not be denied based on an ex parte showing to the district court relating to the defendant’s alleged risk of flight and dangerousness.

United States v. Garcia, 340 F.3d 1013 (9th Cir. 2003)

People found guilty of violent offenses or serious drug offenses are not permitted to be released on appeal, or pending sentencing, except in exceptional circumstances. 18 U.S.C. § 3145(c). In this case, the Ninth Circuit sets forth some of the factors that should be considered in assessing exceptional circumstances. Among those factors are: whether the defendant’s conduct was aberrational; whether the defendant previously led an exemplary life; whether there were exceptionally strong grounds for the appeal; the length of the prison sentence; whether there was an unusual health situation that would make the hardship of prison especially harsh; an exceptional unlikelihood of flight. See also United States v. Brown, 368 F.3d 992 (8th Cir. 2004).

United States v. Swanquist, 125 F.3d 573 (6th Cir. 1997)

When the trial court denies a defendant's application for an appeal bond, it must set forth the reasons for this denial. Merely reciting the statutory requirements and stating conclusions that the criteria for release are not met is not sufficient. The court must set forth the actual reasons.

United States v. Blasini-Lluberas, 144 F.3d 881 (1st Cir. 1998)

Because the trial court did not enter a written order denying bail to the defendant pending appeal, the case had to be remanded.