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USA v. Cilins

REPLY MEMORANDUM OF LAW in Support as to Frederic Cilins re: 11 MOTION to Modify Conditions of Release..

19 Cited authorities

  1. Christianson v. Colt Indus. Operating Corp.

    486 U.S. 800 (1988)   Cited 3,137 times   21 Legal Analyses
    Holding that the appeal belonged before the regional circuit because the claims did not arise under patent law

  2. Arizona v. California

    460 U.S. 605 (1983)   Cited 2,214 times   1 Legal Analyses
    Holding that res judicata barred re-opening the quantification of tribes' Winters rights

  3. Liona Corp. v. PCH Associates (In re PCH Associates)

    949 F.2d 585 (2d Cir. 1991)   Cited 333 times   1 Legal Analyses
    Holding that in order to establish a defense of collateral estoppel, the party asserting the defense must show that the issues in the two proceedings are identical; that the issue raised in the current action was actually decided in the prior proceeding; there was full and fair opportunity to litigate the issue in the prior proceeding; and the issue previously decided was necessary to support a final judgment on the merits

  4. United States v. Orta

    760 F.2d 887 (8th Cir. 1985)   Cited 349 times
    Finding majority of courts hold that burden of persuasion remains with the government and preponderance of the evidence standard applies on the risk of flight

  5. U.S. v. Sabhnani

    493 F.3d 63 (2d Cir. 2007)   Cited 160 times   2 Legal Analyses
    Holding that government must prove by preponderance of the evidence that defendant presents a flight risk

  6. United States v. Himler

    797 F.2d 156 (3d Cir. 1986)   Cited 250 times
    Holding that a defendant's danger of recidivism in crimes involving the use of fraudulent identification are not the type of danger to the community which will support an order of detention under § 3142(f) of the Bail Reform Act of 1984

  7. United States v. Chimurenga

    760 F.2d 400 (2d Cir. 1985)   Cited 240 times
    Holding that conspiracy to commit armed robbery was a crime of violence within the meaning of the residual clause of 18 U.S.C. § 3156

  8. Williamsburg Wax Museum, Inc. v. Historic Figures, Inc.

    810 F.2d 243 (D.C. Cir. 1987)   Cited 185 times
    Holding that a November 1984 motion filed pursuant to Fed.R.Civ.P. 60(b) to amend a September 1982 district court judgment was untimely, even though this court's decision on appeal had been entered in February 1984 and certiorari denied in October 1984

  9. U.S. v. Lafontaine

    210 F.3d 125 (2d Cir. 2000)   Cited 119 times
    Holding that the potential for witness tampering was a danger to the community sufficient to revoke bail in a fraud case, notwithstanding defendant's lack of a criminal record, threats, or violence

  10. Pit River Home & Agricultural Cooperative Ass'n v. United States

    30 F.3d 1088 (9th Cir. 1994)   Cited 118 times
    Holding that a tribal council was a necessary party in a suit challenging the council's designation by the Secretary of Interior as the beneficiary of reservation property

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

    18 U.S.C. § 3142   Cited 30,675 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 . . . ."

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

    18 U.S.C. § 3145   Cited 4,445 times   8 Legal Analyses
    Granting independent avenue of appeal for custody orders