18 U.S.C. § 3143 — Release or detention of a defendant pending sentence or appeal
submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 643 words · no verdicts yet
A convicted person awaiting sentence or appealing is generally detained unless the statute’s specific safety, flight, and appeal tests are met. Government appeals are handled under specified release and detention rules.
(a) Pending sentence. (1) Except under (2), a convicted person awaiting sentence or execution of sentence must be detained, unless the applicable guideline recommends no imprisonment or the officer finds by clear and convincing evidence that release under § 3142(b) or (c) would not likely cause flight or danger. If so, release must follow § 3142. (2) In a § 3142(f)(1)(A)–(C) case, detention is required unless (A) an acquittal or new trial is substantially likely, or the Government recommends no imprisonment, and (B) clear and convincing evidence shows no likely flight or danger. (b) Defendant’s appeal. (1) A convicted person sentenced to prison who appeals or seeks certiorari must be detained unless clear and convincing evidence shows no likely flight or danger, the appeal is not for delay, and it raises a substantial question likely to cause (i) reversal, (ii) a new trial, (iii) no imprisonment, or (iv) a sentence shorter than time served plus expected appeal time. If so, release follows § 3142; under (iv), detention ends when the likely reduced sentence ends. (2) A person in a § 3142(f)(1)(A)–(C) case who is sentenced to prison and appeals or seeks certiorari must be detained. (c) Government appeal. For an appeal under § 3731, the defendant is handled under § 3142 unless another order applies. Except under (b), for an appeal under § 3742 the officer must (1) detain a person sentenced to prison, or (2) otherwise release or detain under § 3142.
Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. 994 does not recommend a term of imprisonment, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c). If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c).
The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained unless—
the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or
an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and
the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.
Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds—
by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c) of this title; and
that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in—
reversal,
an order for a new trial,
a sentence that does not include a term of imprisonment, or
a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.
If the judicial officer makes such findings, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c) of this title, except that in the circumstance described in subparagraph (B)(iv) of this paragraph, the judicial officer shall order the detention terminated at the expiration of the likely reduced sentence.
The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained.
The judicial officer shall treat a defendant in a case in which an appeal has been taken by the United States under section 3731 of this title, in accordance with section 3142 of this title, unless the defendant is otherwise subject to a release or detention order. Except as provided in subsection (b) of this section, the judicial officer, in a case in which an appeal has been taken by the United States under section 3742, shall—
if the person has been sentenced to a term of imprisonment, order that person detained; and
in any other circumstance, release or detain the person under section 3142.
Source credit: (Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1981; amended Pub. L. 98–473, title II, § 223(f), Oct. 12, 1984, 98 Stat. 2028; Pub. L. 99–646, §§ 51(a), (b), 55(a), (d), Nov. 10, 1986, 100 Stat. 3605–3607, 3609; Pub. L. 100–690, title VII, § 7091, Nov. 18, 1988, 102 Stat. 4410; Pub. L. 101–647, title IX, § 902(a), (b), title X, § 1001(a), Nov. 29, 1990, 104 Stat. 4826, 4827; Pub. L. 102–572, title VII, § 703, Oct. 29, 1992, 106 Stat. 4515.)
- 1984Enacted · Pub. L. 98-473 · 98 Stat. 1981
- 1984Amended · Pub. L. 98-473 · 98 Stat. 2028
- 1986Amended · Pub. L. 99-646 · 100 Stat. 3605
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4410
- 1990Amended · Pub. L. 101-647 · 104 Stat. 4826, 4827
- 1992Amended · Pub. L. 102-572 · 106 Stat. 4515
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 1984-10-12.
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