United States v. Narcisco Cantu, Iii, A/K/A Chicho, 935 F.2d 950 (8th Cir. 1991). · Go Syfert
United States v. Narcisco Cantu, Iii, A/K/A Chicho, 935 F.2d 950 (8th Cir. 1991). Cases Citing This Book View Copy Cite
11 citation events (8 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. Ramona Cook (ca8, 2023-12-07)
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Ramona Cook
8th Cir. · 2023 · confidence medium
“We apply the clearly erroneous standard to factual findings of the district court but independently review the ultimate conclusion that detention is required.” United States v. Cantu, 935 F.2d 950, 951 (8th Cir. 1991); accord United States v. Santos-Flores, 794 F.3d 1088, 1090 (9th Cir. 2015).
discussed Cited as authority (rule) United States v. Tan Vang
8th Cir. · 2019 · confidence medium
“We apply the clearly erroneous standard to factual findings of the district court but independently review the ultimate conclusion that detention is required because ‘no condition or combination of conditions will reasonably assure the appearance of the person [at trial] and the safety of any other person and the community.’” United States v. Cantu, 935 F.2d 950, 951 (8th Cir. 1991) (quoting 18 U.S.C. § 3142 (e)).
discussed Cited as authority (rule) United States v. David Cirksena
8th Cir. · 2019 · confidence medium
“We apply the clearly erroneous standard to factual findings of the district court but independently review the ultimate conclusion that detention is required because ‘no condition or combination of conditions will reasonably assure the appearance of the person [at trial] and the safety of any other person and the community.’” United States v. Cantu, 935 F.2d 950, 951 (8th Cir. 1991) (quoting 18 U.S.C. § 3142 (e)).
discussed Cited as authority (rule) United States v. Mahoney
8th Cir. · 2010 · confidence medium
The sole exceptional reason given by the district court was that Mahoney had “done remarkably well on release.” Upon de novo review, United States v. Cantu, 935 F.2d 950, 951 (8th Cir.1991), we conclude that this is not an exceptional reason.
cited Cited as authority (rule) United States v. Fazal Mehmood
8th Cir. · 2010 · confidence medium
United States v. Cantu, 935 F.2d 950, 951 (8th Cir.1991) (per curiam).
cited Cited as authority (rule) United States v. Vineet Maheshwari
8th Cir. · 2010 · confidence medium
United States v. Cantu, 935 F.2d 950, 951 (8th Cir.1991) (per curiam).
discussed Cited "see" United States v. Randall Brown
8th Cir. · 2004 · signal: see · confidence high
See United States v. Cantu, 935 F.2d 950, 951 (8th Cir. 1991) (we review de novo ultimate legal question whether detention is required); United States v. Koon, 6 F.3d 561, 563 (9th Cir. 1993) (Rymer, J., concurring in denial of rehearing en banc) (defining “exceptional” as used in § 3145(c) as “clearly out of the ordinary, uncommon, or rare”).
discussed Cited "see" United States v. Randall Alan Brown
8th Cir. · 2004 · signal: see · confidence high
See United States v. Cantu, 935 F.2d 950, 951 (8th Cir.1991) (we review de novo ultimate legal question whether detention is required); United States v. Koon, 6 F.3d 561, 563 (9th Cir.1993) (Rymer, J., concurring in denial of rehearing en banc) (defining “exceptional” as used in § 3145(c) as “clearly out of the ordinary, uncommon, or rare”).
discussed Cited "see" United States v. Michael David Bullock George Dean Young Ben Jessie Mullins, Jr. Doyd Daniels
6th Cir. · 1996 · signal: see · confidence high
See United States v. Cantu, 935 F.2d 950, 952 (8th Cir.1991) (per curiam). 8 It therefore is ORDERED that the district court's order is reversed and the case is remanded with instructions to grant the government's motion for detention.
cited Cited "see" United States v. Henry J. Keene
D.C. Cir. · 1995 · signal: see · confidence high
See United States v. Cantu, 935 F.2d 950, 952 (8th Cir.1991) (affirming pretrial detention even though co-defendants were released pending trial).
cited Cited "see" United States v. Winston C. Bennett, Jr.
6th Cir. · 1995 · signal: see · confidence high
See United States v. Cantu, 935 F.2d 950 (8th Cir.1991).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Respondent,
v.
Narcisco CANTU, III, A/K/A Chicho, Petitioner
91-1408.
Court of Appeals for the Eighth Circuit.
Jun 6, 1991.
935 F.2d 950
William A. McLean, Little Rock, Ark., for petitioner., Terry L. Derden, Little Rock, Ark., for respondent.
Fagg, Loken, Henley.
Cited by 11 opinions  |  Published
PER CURIAM.

Narcisco Cantu, III, who is under indictment for conspiracy to possess with intent to distribute more than 100 kilograms of marijuana, appeals from a pretrial detention order issued by the district court [1] pursuant to 18 U.S.C. § 3142(e). We have jurisdiction to review the merits of such detention orders under 18 U.S.C. § 3145(c) and Rule 9 of the Federal Rules of Appellate Procedure. Our review is to be completed promptly, without the necessity of briefs. F.R.A.P. 9(a). We apply the clearly erroneous standard to factual findings of the district court but independently review the ultimate conclusion that detention is required because “no condition or combination of conditions will reasonably assure the appearance of the person [at trial] and the safety of any other person and the community.” § 3142(e); see United States v. Maull, 773 F.2d 1479, 1486-88 (8th Cir.1985) (en banc). We affirm.

The government timely moved for a detention order at Cantu’s arraignment. Following an evidentiary detention hearing, the Magistrate Judge ordered that Cantu be released upon specified conditions, see §§ 3142(c), (h). The government appealed to the district court who granted the government’s motion for detention after independently reviewing the record. Cantu then appealed to this court. Without addressing the merits of the detention order, we remanded to the district court because its order did not contain the findings of fact and the statement of reasons for detention required by 18 U.S.C. § 3142(i)(1).

Upon remand, the district court again conducted an independent review of the detention hearing record and again issued a detention order. The court made findings that Cantu has a previous drug conviction; that he has twice violated the terms of his probation; that he has been indicted while still on probation for being the source of large amounts of marijuana; that the evidence against him appears to be strong and he faces a substantial prison sentence; and that he lives near the Mexican border and has worked off and on in Mexico for a number of years. The district court concluded that “virtually all of the factors listed in 18 U.S.C. § 3142(g) militate against pretrial release,” and that “Cantu has failed to rebut the statutory presumption that no condition or combination of conditions of release will reasonably assure [his] appearance at trial and the safety of the community. 18 U.S.C. § 3142(e).”

[*952] On appeal, Cantu argues that the district court findings do not support detention by clear and convincing evidence as required by 18 U.S.C. § 3142(f)(2). Cantu contends that several factors favor his conditional release, pointing primarily to the unfairness in detaining him while his co-defendants are released pending trial, and the prejudice resulting from his inability to prepare for trial. Notably, however, Cantu does not contend that any of the factual findings of the district court are clearly erroneous.

Based upon the district court’s findings of fact, we have independently reviewed the record. We conclude that the detention order is proper because the government has shown by clear and convincing evidence that there is no condition or set of conditions that would reasonably assure Cantu’s appearance at trial and the safety of the community. As we said in United States v. Sazenski, 806 F.2d 846, 848 (8th Cir.1986), “we recognize the congressional determination that large scale drug trafficking is a serious danger to the community and ... that either danger to the community or risk of flight is sufficient to authorize detention.”

Accordingly, we affirm.

1

. The Hon. Henry Woods, United States District Judge for the Eastern District of Arkansas.