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U.S. Code as of:
01/19/04
Section 3143. Release or detention of a defendant pending sentence or appeal
(a) Release or Detention Pending Sentence. - (1) Except as
provided in paragraph (2), the judicial officer shall order that a
person who has been found guilty of an offense and who is awaiting
imposition or execution of sentence, other than a person for whom
the applicable guideline promulgated pursuant to 28 U.S.C. 994 does
not recommend a term of imprisonment, be detained, unless the
judicial officer finds 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 under section 3142(b) or
(c). If the judicial officer makes such a finding, such judicial
officer shall order the release of the person in accordance with
section 3142(b) or (c).
(2) The judicial officer shall order that a person who has been
found guilty of an offense in a case described in subparagraph (A),
(B), or (C) of subsection (f)(1) of section 3142 and is awaiting
imposition or execution of sentence be detained unless -
(A)(i) the judicial officer finds there is a substantial
likelihood that a motion for acquittal or new trial will be
granted; or
(ii) an attorney for the Government has recommended that no
sentence of imprisonment be imposed on the person; and
(B) the judicial officer finds by clear and convincing evidence
that the person is not likely to flee or pose a danger to any
other person or the community.
(b) Release or Detention Pending Appeal by the Defendant. - (1)
Except as provided in paragraph (2), the judicial officer shall
order that a person who has been found guilty of an offense and
sentenced to a term of imprisonment, and who has filed an appeal or
a petition for a writ of certiorari, be detained, unless the
judicial officer finds -
(A) 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 under section 3142(b) or (c) of this
title; and
(B) that the appeal is not for the purpose of delay and raises
a substantial question of law or fact likely to result in -
(i) reversal,
(ii) an order for a new trial,
(iii) a sentence that does not include a term of
imprisonment, or
(iv) a reduced sentence to a term of imprisonment less than
the total of the time already served plus the expected duration
of the appeal process.
If the judicial officer makes such findings, such judicial officer
shall order the release of the person in accordance with section
3142(b) or (c) of this title, except that in the circumstance
described in subparagraph (B)(iv) of this paragraph, the judicial
officer shall order the detention terminated at the expiration of
the likely reduced sentence.
(2) The judicial officer shall order that a person who has been
found guilty of an offense in a case described in subparagraph (A),
(B), or (C) of subsection (f)(1) of section 3142 and sentenced to a
term of imprisonment, and who has filed an appeal or a petition for
a writ of certiorari, be detained.
(c) Release or Detention Pending Appeal by the Government. - The
judicial officer shall treat a defendant in a case in which an
appeal has been taken by the United States under section 3731 of
this title, in accordance with section 3142 of this title, unless
the defendant is otherwise subject to a release or detention order.
Except as provided in subsection (b) of this section, the judicial
officer, in a case in which an appeal has been taken by the United
States under section 3742, shall -
(1) if the person has been sentenced to a term of imprisonment,
order that person detained; and
(2) in any other circumstance, release or detain the person
under section 3142.
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