110 F.3d 65 (6th Cir. 1997), 97-5144, U.S. v. Ramsey
|Citation:||110 F.3d 65|
|Party Name:||UNITED STATES of America, Plaintiff-Appellee, v. Willie Bruce RAMSEY, Defendant-Appellant.|
|Case Date:||March 24, 1997|
|Court:||United States Courts of Appeals, Court of Appeals for the Sixth Circuit|
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)
E.D.Tenn., No. 96-00057; James H. Jarvis, Chief Judge.
Before: WELLFORD, RYAN, and DAUGHTREY, Circuit Judges.
The defendant appeals the district court's decision to detain him pending trial on charges of conspiracy, possession of stolen mail, and making a false statement to a postal inspector. The district court concluded that no combination of conditions could reasonably assure the defendant's appearance or the safety of the community were he released. On appeal, the defendant summarizes the evidence presented and asks this court to reach another conclusion.
According to the provisions of 18 U.S.C. § 3142(e), a defendant shall be detained pending trial if, after a hearing, the judicial officer finds that no condition or set of conditions will assure the defendant's appearance and the safety of the community. The factors to be considered in determining whether to release a defendant pending trial are found at 18 U.S.C. § 3142(g) and include: the nature and circumstances of the offense charged; the weight of the evidence against the person; and the nature and seriousness of the danger posed by the defendant's release. A finding of fact in support of pretrial detention shall not be disturbed on appeal unless clearly erroneous. United States v. Hazime, 762 F.2d 34 (6th Cir.1985). Conclusions of law and mixed questions of law and fact are reviewed de novo. Id.
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