United States v. Ilario M.A. Zannino

The issue in this case is whether the provision of the new Bail Act that provides for detention of “dangerous” persons, 18 U.S.C. § 3142(f), applies to a person already released on bail the day the new Act was passed (October 12, 1984). This court has previously suggested (though it did not expressly hold) that Congress did not intend this provision of the Act to apply, in a sense “retroactively,” to those persons. United States v. Anguilo, 755 F.2d 969, 970 (1st Cir.1985). I believe the suggestion is correct for the following reasons.

First, it is “manifestly unfair” to apply the new…