[DOWNLOAD] "United States v. Valera-Elizondo" by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: United States v. Valera-Elizondo
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 14, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

JOHNSON, Circuit Judge: This appeal from an order denying bail pending appeal involves an interpretation of the provision of the Bail Reform Act of 1984, 18 U.S.C. § 3143(b), which provides that a defendant shall be detained pending appeal of a conviction unless the court finds that the appeal ""raises a substantial question of law or fact likely to result in reversal or an order for a new trial."" Because we conclude that the district court misconstrued this provision ot mean that a court may grant bail only if it finds that its own rulings are likely to be reversed on appeal, we vacate the order denying bail pending appeal and remand to the district court for reconsideration in light of the standard which is set forth below.

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