United States v. Campbell

Summary

The court denied the defendant’s motion under 18 U.S.C. § 3145(b) to revoke a magistrate judge’s order revoking her pretrial release and detaining her without bail. Applying 18 U.S.C. § 3148, the court held that clear and convincing evidence established a violation of the defendant’s release conditions and that she was unlikely to comply with further conditions because of her alcohol-use history.

Holdings

1. Section 3148, not § 3142 alone, governs sanctions for violating a pretrial release condition, including revocation of release and detention pending trial.
2. Under 18 U.S.C. § 3148(b)(1), clear and convincing evidence that a defendant violated a release condition satisfies the violation component for revocation and detention.
3. Detention was warranted because Campbell was unlikely to abide by any condition or combination of conditions of release.

Questions Presented

1. Whether 18 U.S.C. § 3142(f), rather than 18 U.S.C. § 3148, governed the magistrate's authority to revoke Campbell's release and detain her for violating a release condition.
2. Whether the evidence satisfied 18 U.S.C. § 3148(b)(1) and (b)(2) so as to require revocation of release and detention pending trial.
3. Whether Campbell was likely to abide by any condition or combination of conditions of release.

Disposition

other