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UNITED STATES v. GIANGROSSO
February 6, 1985
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Roszkowski, District Judge.
Before the court are the defendant's motion to set bond
pending appeal and the government's motion to set a surrender
date. For the reasons set forth herein, the defendant's motion
to set bond pending appeal is denied, and the government's
motion to set a surrender date is granted. Defendant is
ordered to surrender to the United States Marshal in Chicago
before Noon on February 26, 1985.
On June 29, 1984, a jury convicted the defendant of
violations of the federal narcotic laws. On September 25,
1984, this court sentenced the defendant to eighteen months
incarceration. Defendant was ordered to surrender on October
On October 12, 1984, the President signed into law the Bail
Reform Act of 1984. 98 P.L. 473 (1984) Among the provisions of
that Act is an amendment restricting the availability of bail
pending the outcome of an appeal. On November 8, 1984,
defendant presented a motion for the setting of bond pending
appeal. This court granted the parties an opportunity to
submit briefs concerning the effect of the new Act on the
defendant's request for bond, and stayed the defendant's
reporting date pending the outcome of the various motions.
Prior to October 12, 1984, Title 18, Section 3148, provided,
in relevant part, that a defendant filing a notice of appeal:
. . shall be treated in accordance with the
provisions of Section 3146 unless the court or
judge has reason to believe that no one or more
conditions of release will reasonably assure that
the person will not flee or pose a danger to any
other person or to the community. If such a risk of
flight or danger is believed to exist, or if it
appears that an appeal is frivolous or taken for
delay, the person may be ordered detained.
(emphasis added) 18 U.S.C. § 3148 (1982).
Similarly, Section 3146 provided:
Any person charged with an offense, other than an
offense punishable by death, shall . . . be ordered
released pending trial on his personal recognizance
or upon the execution of an unsecured appearance
bond . . . unless the [judicial] officer
determines, in the exercise of his discretion, that
such a release will not reasonably assure the
appearance of the person as required. . . .
(emphasis added) 18 U.S.C. § 1346 (1982).
On October 12, 1984, Title 18, Section 3143(b) was amended
to provide that a defendant found guilty and sentenced to a
term of imprisonment shall be detained pending the outcome of
his or her appeal unless the judicial officer finds:
(1) by clear and convincing evidence that the
person is not likely to flee or pose a danger to
the safety of any other person or the community if
released pursuant to section 3142(b) or (c); and
(2) that the appeal is not for the purpose of
delay and raises a substantial question of law or
fact likely to result in reversal or an order for a
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