Legal Opinion

United States v. Santoro

District Court, D. Maine

Decided January 24, 2019No. Criminal No. 2:18-cr-188-DBHPublished

1Opinion of the Court

D. Brock Hornby, United States District Judge

Under the Bail Reform Act, a judicial officer dealing with a request for pretrial or presentence release must assess the defendant's risk of flight and dangerousness. See 18 U.S.C. § 3143(a)(1). But for anyone found guilty of certain crimes, Congress *124has made presentence detention mandatory1 -regardless of that assessment-unless "it is clearly shown that there are exceptional reasons why such person's detention would not be appropriate." 18 U.S.C. § 3145(c). This defendant has pleaded guilty to violating 18 U.S.C. § 875(c), a provision that imposes…

2Cases cited14 opinions

  1. Barnhart v. ThomasSupreme Court of the United States · 2003
  2. Johnson v. United StatesSupreme Court of the United States · 2010
  3. Paroline v. United StatesSupreme Court of the United States · 2014
  4. Elonis v. United StatesSupreme Court of the United States · 2015
  5. Lockhart v. United StatesSupreme Court of the United States · 2016

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