Wood v. United States, 21496.
Decision Date | 19 January 1968 |
Docket Number | No. 21496.,21496. |
Citation | 391 F.2d 981 |
Parties | Vance L. WOOD, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Verginald L. Dolphin, Washington, D. C. (appointed by the District Court) was on the brief for appellant.
Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief for appellee.
Before BURGER, LEVENTHAL and ROBINSON, Circuit Judges, in Chambers.
Appellant was indicted for housebreaking, assault with a dangerous weapon, and robbery, and is awaiting trial on these charges. A judge of the Court of General Sessions, acting on a Bail Agency report and recommendation, denied release on personal recognizance and set bail at $10,000. That order was reviewed pursuant to 18 U.S.C. § 3146(d) (Supp. II, 1965-66) by another General Sessions judge, the first being unavailable, and the $10,000 bail requirement was kept. The following reasons were given:
Following the proper statutory procedure, appellant then moved the District Court to exercise its discretion to amend the conditions of release, and to grant release on personal recognizance. This the District Judge declined to do, although he did lower bail from $10,000 to $5,000. Appellant appeals that order,1 as he is totally without funds and cannot raise that amount any more than he can $10,000.
The Government urges that the District Judge's order is not ripe for review by this court pursuant to 18 U.S.C. § 3147(b) (Supp. II, 1965-66), contending that appellant must first avail himself of the opportunity of review under 18 U.S.C. § 3146(d) (Supp. II, 1965-66), giving the District Judge who amended the order opportunity to give written reasons for so doing, and for continuing the denial of release on personal recognizance. We think this contention plainly foreclosed by the language of 18 U.S.C. § 3147(b) (Supp. II, 1965-66). Subsection (b) grants a right of appeal to persons detained after either "(1) a court denies a motion under subsection (a)2 to amend an order imposing conditions of release," (in which case twenty-four hour review is required in accordance with the language of § 3147 (a),3 or "(2) conditions of release have been imposed or amended by a judge of the court having original jurisdiction over the offense charged * * *." Appellant comes within (b) (2), and no requirement exists that written reasons be sought prior to appellate review.
Turning to the merits, the Government contends that the District Judge's order is "supported by the proceedings below," and should be affirmed. On the state of the record before us we believe it appropriate, in the interest of justice and in view of the recent bail law, to remand the case for further consideration.
The Bail Reform Act creates a strong policy in favor of release on personal recognizance, and it is only if "such a release would not reasonably assure the appearance of the person as required" that other conditions of release may be imposed. Even then, the statute in 18 U.S.C. § 3146 creates a hierarchy of conditions, one of the least favored of which is a requirement of bail bond. In considering what, if any, conditions shall be imposed the judge shall consider various factors relevant to the probability of flight, and one factor is "his record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings." While we are informed by counsel that appellant has always appeared in connection with prior criminal proceedings against him, and there have been at least twelve over the past thirteen...
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