United States v. Richard Romano, 799 F.2d 17 (2d Cir. 1986). · Go Syfert
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United States v. Richard Romano, 799 F.2d 17 (2d Cir. 1986). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Yassein v. El Paso Intelligence Center
S.D. Cal. · 2021 · confidence medium
Nov. 29, 2016) (citing In re Steele, 799 F.2d 17 461, 465 (9th Cir. 1986)).
discussed Cited as authority (rule) (SS) Ramos v. Commissioner of Social Security
E.D. Cal. · 2019 · confidence medium
“The ALJ can meet this burden 15 by setting out a detailed and thorough summary of the facts and conflicting clinical 16 evidence, stating his interpretation thereof, and making findings.” Magallanes v. Bowen, 881 F.2d 747, 751 (9th Cir. 1989) (quoting Cotton v. Bowen, 799 F.2d 17 1403, 1408 (9th Cir. 1986)). 18 Trevizo v. Berryhill, 871 F.3d 664, 675 (9th Cir. 2017).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Richard ROMANO, Defendant-Appellant
1727, Docket 86-1336.
Court of Appeals for the Second Circuit.
Aug 20, 1986.
799 F.2d 17
Michael Bromwich, Asst. U.S. Atty., New York City (Rudolph Giuliani, U.S. Atty., and Warren Neil Eggleston, Asst. U.S. Atty., of counsel), for appellee., Victoria Morgan, New York City (Farber & Miller, of counsel), for defendant-appellant.
Pratt, Miner, Trade.
Cited by 2 opinions  |  Published
PER CURIAM:

After appellant’s arrest on the basis of a complaint charging him with conspiracy to distribute heroin and distribution of heroin in violation of 21 U.S.C. §§ 841(a), (b)(1)(A), 846 (1982), the government moved on February 14, 1986 pursuant to the Bail Reform Act of 1984, 18 U.S.C. §§ 3141-3156, for an order detaining appellant without bail pending trial. In so moving, the government relied on the statutory presumptions of flight and dangerousness that arise when a judicial officer finds there is probable cause to believe the defendant has committed a federal drug-related offense for which a maximum prison sentence of ten years is prescribed. See Id. § 3142(e).

After a hearing, Magistrate Buchwald granted the government’s motion, ruling that although appellant had rebutted the presumption of risk of flight, he failed to rebut the presumption of dangerousness. The United States District Court of the Southern District of New York, Robert L. Carter, Judge, reviewed appellant’s bail status on three occasions, the most recent of which occurred at a hearing on July 17, 1985, during which the government presented extensive testimonial evidence concerning appellant’s engagement in criminal activity-including hijacking, extortion, and narcotics distribution — over a five year period. At the conclusion of the hearing, Judge Carter ordered that appellant be detained pending trial because of dangerousness.

Appellant now ehallénges the constitutionality of his pretrial detention, relying upon United States v. Salerno, 794 F.2d 64, 71 (2d Cir.1986). There, a majority of the panel held that substantive due process prohibits pretrial detention on the ground of danger to the community, regardless of the duration of the detention. See id. at 71.

Accordingly, we are constrained to vacate Judge Carter’s order of pretrial detention and remand the matter to the district court to set appropriate conditions of bail. However, because the issuance of the mandate in Salerno was stayed pending application by the government to the Supreme Court for a writ of certiorari, see Fed.R. App.P. 41, we withhold issuance of the mandate in this appeal pending issuance of the mandate in Salerno. See United States v. Frisone, 795 F.2d 1, 2 (2d Cir.1986).

Vacated and remanded with instructions.