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.

That's the lesson of United States v. Gurule. The Gurule Court also held that law enforcement's frisk of Mr. Gurule during this traffic stop was reasonable.Conditions of ReleaseA person may move to amend the conditions of his or her pretrial release under 18 U.S.C. § 3145(a)(2). Fed. R. Crim. P. 59(a)'s framework (for appeals from matters referred to a magistrate) does not apply to this type of motion.

Motions Should be Specifically Tailored to the InmateFirst, attorneys should tailor motions to their client’s individual circumstances, including identify their specific risk factors and the current state of the institution in which they are held.In an opinion granting a motion for release pending sentencing, a federal judge in the Southern District of Florida (Miami) noted that:Because this Order arises from one defendant’s individual medical condition, it should not be viewed as a determination that FDC is unable to adequately provide medical screening or treatment to its detainees, that detention at FDC is generally unsafe, or that detention there is generally inappropriate or unduly risky.[1]Motions that identify the inmate’s specific risk factors and the status of the specific institution provide courts with the necessary criteria to find the existence of “exceptional” or “extraordinary and compelling” reasons necessitating release as required by 18 U.S. Code § 3145 (pre-sentence bail) and 18 U.S. Code § 3582 (compassionate release), respectively. Courts that have already granted these motions have cited to the inmate’s specific medical diagnosis (which seems to be prioritized over advanced-age in general) and, where applicable, discussed the number of confirmed cases of COVID-19 within the facility.

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.

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.

The 10th noted that release was not justified under 18 USC § 3143(a)(2)(A) because there was not a substantial likelihood of the granting of an acquittal or a new trial and the government was not going to recommend a non-prison sentence since there was a mandatory minimum of five years. The 10th held that the exceptional-reasons exception under 18 USC § 3145(c) didn't justify the release either because the court did not make an exceptional-reasons finding and compliance with release conditions terms does not by itself qualify as an exceptional reason.

Tthe longer history of large drug trafficking by his co-conspirators did not require finding him to be a minor participant. U.S. v. Garcia, 2011 WL 5027544 (10/24/11) (Okl.) (unpub'd) - It was okay for the government to introduce at a hearing on its appeal of a magistrate judge's release order, pursuant to 18 U.S.C. § 3145, evidence it could have, but didn't, present at the initial detention hearing. The 10th distinguishes this case from cases where a defendant was not allowed to present that kind of evidence where the defendants sought to reopen detention hearings pursuant to § 3142(f).

US v. Weyhrauch, No. 07-30339 (9th Cir. 11/26/08)Persons who claim to be victims of a crime under the Crime Victims' Rights Act cannot appeal an alleged denial of their rights except through a petition for mandamus, the Tenth Cir. held. US v. Hunter, No. 08-4010 (12/2/08)A district judge erred when he concluded he was not a "judicial officer" within the meaning of 18 USC 3145(c) and he therefore could not consider a drug offender's request for release pending sentencing based on exceptional reasons, the 4th Cir. held. US v. Goforth, No. 08-4291 (4th Cir. 11/21/08)Federal agents should have gotten a search warrant before they entered an area under tarps that the defendant had suspended over his vehicle and campsite, the Cal. Court of Appeal held.