(DOWNLOAD) "United States v. Castiello" by United States Court of Appeals for the First Circuit ~ eBook PDF Kindle ePub Free

eBook details

Title: United States v. Castiello
Author : United States Court of Appeals for the First Circuit
Release Date : January 05, 1989
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

Description

Defendant appeals from the district court order denying him conditions of release pending sentencing and ordering him detained. We review the background. Defendant was charged with violating 21 U.S.C. Â§Â§ 841, 846 (possession with intent to distribute cocaine). A magistrate set bail at $250,000 with surety to be secured by property owned by defendant in East Boston and directed that defendant's sisters and brother-in-law sign as sureties on the bond. Defendant thereafter was tried and found guilty. Immediately after the guilty verdict, the government moved to revoke defendant's bail. The government argued that under 18 U.S.C. Â§ 3143(a),1 the burden was upon defendant to show by clear and convincing evidence that he was not a flight risk or danger to the community. The government contended defendant posed a great flight risk because he was subject to a mandatory minimum five year sentence, he likely would receive a significantly heavier sentence in view of the amount of cocaine involved, and, even before trial, defendant had been facing deportation proceedings because of a 1972 conviction for assault and battery with a dangerous weapon and a 1980 conviction for larceny over $100, but now with a federal drug felony conviction, deportation would be virtually certain.