Bail Reform Act - Bail Pending Sentencing

United States v. Meister, 744 F.3d 1236 (11th Cir. 2013)

The district court judge has the authority to release a defendant for exceptional circumstances pending sentencing and appeal. This authority is not limited to appellate judges. The court was construing the provision in § 3145(c).

United States v. Ingle, 454 F.3d 1082 (10th Cir. 2006)

A conviction for the offense of possession of a firearm by a convicted felon does not trigger the provision that requires detention pending sentencing. 18 U.S.C. § 3143(a)(2). 18 U.S.C. § 3156(a)(4) (defining crime of violence).

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

A conviction for the offense of possession of a firearm by a convicted felon does not trigger the provision that requires detention pending sentencing. 18 U.S.C. § 3143(a)(2). 18 U.S.C. § 3156(a)(4) (defining crime of violence).

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.