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USA v. Brugnara

MOTION to Revoke Magistrate Court Detention Orders

17 Cited authorities

  1. United States v. Hir

    517 F.3d 1081 (9th Cir. 2008)   Cited 332 times   1 Legal Analyses
    Holding defendant presented danger to the community where positive "history and characteristics" were outweighed by other § 3142(g) factors

  2. U.S. v. Koenig

    912 F.2d 1190 (9th Cir. 1990)   Cited 498 times
    Holding district court has discretion on whether to conduct a further evidentiary hearing

  3. United States v. Motamedi

    767 F.2d 1403 (9th Cir. 1985)   Cited 555 times
    Holding that, under the circumstances of that case, the factor of alienage “does not tip the balance either for or against detention”

  4. U.S. v. Gebro

    948 F.2d 1118 (9th Cir. 1991)   Cited 330 times
    Holding that a district judge has authority to sua sponte consider detention

  5. U.S. v. Reynolds

    956 F.2d 192 (9th Cir. 1992)   Cited 99 times
    Holding that "danger may, at least in some cases, encompass pecuniary or economic harm"

  6. U.S. v. Madoff

    586 F. Supp. 2d 240 (S.D.N.Y. 2009)   Cited 47 times
    Engaging a hybrid obstruction and economic harm danger analysis and concluding that the "Government fail[ed] to provide sufficient evidence that any potential future dissemination of Madoff's assets would rise to the level of an economic harm cognizable under" the BRA

  7. United States v. Provenzano

    605 F.2d 85 (3d Cir. 1979)   Cited 100 times
    Holding that " defendant's propensity to commit crime generally, even if the resulting harm would be not solely physical, may constitute sufficient risk of danger to come within contemplation of [the Bail Reform Act]"

  8. U.S. v. Giordano

    370 F. Supp. 2d 1256 (S.D. Fla. 2005)   Cited 25 times
    Denying motion to detain despite the defendant's access to significant resources with which to finance his flight, his extensive travel in foreign countries, and his family connections in Italy

  9. United States v. Madoff

    826 F. Supp. 2d 699 (S.D.N.Y. 2011)   Cited 2 times
    Finding in a case where claimants had given the defendant an irrevocable gift, that claimants failed to state a plausible claim to any legal interest in the gifted property

  10. Section 3142 - Release or detention of a defendant pending trial

    18 U.S.C. § 3142   Cited 30,800 times   10 Legal Analyses
    Holding that there is at least one offense where a period of incarceration of at least ten years creates a rebuttable presumption that "no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community . . . ."

  11. Section 3143 - Release or detention of a defendant pending sentence or appeal

    18 U.S.C. § 3143   Cited 17,798 times   8 Legal Analyses
    Requiring detention pending appeal unless the movant can show her appeal "raises a substantial question of law or fact likely to result in . . . a reduced sentence"

  12. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,448 times   104 Legal Analyses
    Relating to mail fraud

  13. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,367 times   304 Legal Analyses
    Making false statements

  14. Section 3145 - Review and appeal of a release or detention order

    18 U.S.C. § 3145   Cited 4,477 times   8 Legal Analyses
    Granting independent avenue of appeal for custody orders

  15. Section 7206 - Fraud and false statements

    26 U.S.C. § 7206   Cited 3,838 times   22 Legal Analyses
    Prohibiting the preparing and filing of false tax returns

  16. Section 3141 - Release and detention authority generally

    18 U.S.C. § 3141   Cited 1,580 times   1 Legal Analyses
    Explaining availability of bail pending trial, sentencing, and appeal but not discussing bail as alternative to prison

  17. Section 1538 - Prohibited acts

    16 U.S.C. § 1538   Cited 706 times   11 Legal Analyses
    Defining "take"