607 F. Supp. 489 - United States v. Moore’s Empirical Analysis

Citation profile

2 federal appellate · 2 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A further problem presented in Aiello is that the court reads the “clear and convincing” requirement out of the statute altogether, relying instead on the government’s showing at the probable cause portion of the determination. This holding places too great a strain on the link set up by the rebuttable presumption. The probable cause determination merely establishes the presumption. The important consideration in determining whether a defendant should be detained without bail pending trial is not the strength of the evidence that defendant committed the narcotics offense but rather the strength of evidence regarding flight risk or danger to the community. ... [T]he government may not rest solely on the rebuttable presumption to support its motion to detain a defendant pending trial. Evidence that defendant committed the narcotics offense with which he is charged, even if very compelling, cannot by itself satisfy the requirement of § 3142(f) that a determination “that no condition or combination of conditions will reasonably assure the safety of any other person and the community” be supported by clear and convincing evidence. Indeed, to find otherwise would also violate the directive of § 3142(g), which provides that certain factors — including the history and characteristics of the defendant — be considered by the court in determining whether a particular defendant be detained.”

   1 later decision quote this exact passage · from the majority
   e.g. 625 F. Supp. 513 - United States v. Miller