§Why CasetextPricing

USA v. Hecker et al

MEMORANDUM in Opposition

12 Cited authorities

  1. U.S. v. Cisneros

    328 F.3d 610 (10th Cir. 2003)   Cited 493 times
    Holding that "review of a detention or release order" under § 3142(f) may only be "conducted by the same judicial officer who entered the order"

  2. United States v. Maull

    773 F.2d 1479 (8th Cir. 1985)   Cited 247 times
    Holding that under the Bail Reform Act of 1984, a district court conducts de novo review of magistrate determination in bail matters

  3. U.S. v. Roland

    Case No.: 1:05-mj-111 (E.D. Va. Aug. 31, 2005)   Cited 7 times
    In Roland, the Virginia court held, "a judicial officer has the inherent authority to initiate a release revocation proceeding to sanction a defendant with a revocation proceeding to sanction a defendant with a revocation of release and an order of detention based on the plain language of Section 3148."

  4. U.S. v. Persaud

    05-cr-368 (N.D.N.Y. Apr. 5, 2007)   Cited 4 times
    Agreeing that "economic harm qualifies as a danger within the contemplation of the Bail Reform Act" but ultimately granting the defendant pretrial release

  5. United States v. Spilotro

    786 F.2d 808 (8th Cir. 1986)   Cited 17 times
    Accepting the rationale that additional criminal charges would impact a defendant's ability to appear as required

  6. U.S. v. Welsand

    993 F.2d 1366 (8th Cir. 1993)   Cited 7 times

    No. 93-2078. Submitted May 17, 1993. Decided May 27, 1993. Scott F. Tilsen, Federal Public Defender, Minneapolis, MN, for defendant-appellant. Richard Morgan, Asst. U.S. Atty., Minneapolis, MN, for plaintiff-appellee. Appeal from the United States District Court for the District of Minnesota. Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. PER CURIAM. Appellant Loren M. Welsand is awaiting sentencing on his conviction of nine counts of mail fraud, theft from the United States, false

  7. United States v. Holloway

    781 F.2d 124 (8th Cir. 1986)   Cited 9 times
    In Holloway, the Government agreed not to seek detention and to release conditions which required defendant to post a $250,000 bond. Once it became apparent that defendant could meet the bond conditions, the Government moved for his detention.

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

    18 U.S.C. § 3142   Cited 30,764 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 . . . ."

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

    18 U.S.C. § 3143   Cited 17,785 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"

  10. Section 3148 - Sanctions for violation of a release condition

    18 U.S.C. § 3148   Cited 2,315 times   1 Legal Analyses
    Directing courts to consider these factors when deciding whether to revoke release in light of flight risk or dangerousness

  11. Section 401 - Power of court

    18 U.S.C. § 401   Cited 2,220 times   10 Legal Analyses
    Finding of contempt discretionary in Court

  12. Section 1621 - Perjury generally

    18 U.S.C. § 1621   Cited 1,540 times   12 Legal Analyses
    Criminalizing perjury