Professional Documents
Culture Documents
___________________
No. 92-1708
UNITED STATES,
Appellee,
v.
SIDNEY WEINER,
Defendant, Appellant.
__________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Edward F. Harrington, U.S. District Judge]
___________________
___________________
Before
Selya, Cyr and Boudin,
Circuit Judges.
______________
___________________
Per Curiam.
__________
In February 1992,
RICO conspiracy,
violation,
18
was convicted
1962(d), a
1962(c),
substantive
and
three
U.S.C.
894.
In April, he
bail pending
of
to a
been released on
then moved for
Having earlier
RICO
extortionate
was sentenced
counts
of
We
stayed defendant's
sentence pending
further order.
Having
is
clear that
defendant
infra, that
_____
pending appeal.
subject to
mandatory
With one
exception
3143(b)(2).
provision
is
requires that
any
a "crime of violence"
person
be detained
U.S.C.
3156(a)(4).
defendant does
not
defendant
seriously
district
dispute,
court
that
was convicted
collect extensions
The
of
on
three counts
credit by
found, and
each
As
of
the
mentioned,
of conspiracy
extortionate means;
to
these
offenses
also
convictions.
means
formed
two
RICO
"any
which involves
threat of use, of
harm
the
predicates
use, or
the
implicit
to cause
891(7).
As such,
if
an
for
express or
18 U.S.C.
only
the
defendant is
he
can:
evidence that
(1)
entitled to bail
establish by
he is not likely
clear
pending appeal
and
to flee or pose
a danger to
(2)
demonstrate
substantial
question of
law or
inter alia,
__________
reversal or
an
3143(b)(1)(B);
exceptional
and
reasons
appropriate," id.
___
(3)
that the
show[]
[his]
detention
3145(c).
as to
a
in,
trial, id.
___
that
there
would
not
raises
to result
a new
"clearly
why
18 U.S.C.
appeal
fact likely
order for
convincing
are
be
that
that defendant
was
court further
found, however,
See id.
___ ___
3143(a).
-3-
The
failed to
had failed
would be
inappropriate.
apply.
In DiSomma,
_______
the court
mandatory
affirmed a
committed a crime of
violence.
advanced
challenge to
the
DiSomma on at least
_______
found
(and
the
appellate
issue
court
agreed)
was a
"substantial" one;
evidence
here, it has
likewise
sufficiency-of-the-evidence
of the
he
to be absent.
that
the
And there,
reasons" existed;
These
distinctions
prove dispositive.
We agree with the lower court that defendant's challenge
to
a "substantial"
question--i.e., one
that is close
would be
difficult
conclusion.
We
at
are
this
juncture to
obligated
or could
to
In fact, it
reach
decide
any
bail
other
motions
-4-
promptly,
on
the basis
evidence
"such
in
their
memoranda.
from such
U.S. 171,
of evidence,
parts.").
may
Yet
synopses.
insufficient in
well
be
little
See
___
178-80 (1987)
papers, affidavits,
and
Fed.
conclusively gleaned
pieces
of
greater
can
be
Bourjaily v.
_________
("[I]ndividual
themselves to
prove a
its
constituent
large
measure
to the
district
sufficiency of
the evidence.
Harris,
______
F.2d
942
("Necessarily, a
merits of a
petitions
issues
1125,
See,
___
the
of the
for release
been
and
oral
DiSomma,
_______
emphasizing
n.7
in a better
than our
fully
briefing
1135
evaluation of
Cir.
case puts it
have
court's
(7th
position to
Court, at
presented
to
argument.").1
The
"the trial
judge's
least
the
until the
Court
Second
evaluate
through
Circuit
in
close familiarity
____________________
1.
sufficiency was
the
a "substantial" one.
finding here
that such a
at 497, deferred
For the
challenge is
to
the factual
same reason,
not substantial
___
descriptions, and
given the
deference due
at this
we conclude that no
substantial
were to
reach the
would be loath
to find
discretion
determining
in
be
exception
opposite conclusion,
court abused
had
not clearly
Defendant
would
the requirement
that, whenever
read into
one who
the
sufficiency of
convicted of
release must
a risk of
in
to
be ordered.
offenses described
this
has been
a "substantial question" as
the evidence,
its
inappropriate.
we
3142(f)(1)(B)
to those
& (C)--
____________________
2.
Defendant has pointed to additional issues on appeal
(not involving the sufficiency of the evidence) which he
claims to be substantial.
These need not be considered, as
they provide no basis for invoking the DiSomma rationale, and
_______
defendant has offered no basis other than DiSomma for an
_______
exceptional-reasons determination.
-6-
odds
with
Congress'
purpose
detention provision.
history
"defines
in
497.
the
The few
circumstances
courts to
rise to
the
mandatory-
enacting
which
release."
may
DiSomma,
_______
qualify as
951 F.2d
agree that
situations that
are out
of
the ordinary."
(7th
finding
Cir.
defendant's
1992)
(per
curiam)
substantial
(reversing
challenge
to
supplemental
that
jury
see also United States v. Carr, 947 F.2d 1239, 1240 (5th Cir.
________ _____________
____
1991)
(per
exceptional
provision).
we
think,
curiam)
discretionary
3145(c)
provides
relief" from
district
courts have
"avenue
for
mandatory-detention
criteria makes clear,
wide
discretion
in
compelling circumstances.
("it is not
the
F.2d at 497
defendant's
evidentiary
challenge
were
to
be
Even if
deemed
-7-
-8-