United States v. Tomero
United States v. Tomero
Opinion of the Court
SUMMARY ORDER
Defendant-Appellant John Tornero appeals from a December 21, 2005 order authorizing defendant’s pre-trial detention under the Bail Reform Act, 18 U.S.C. § 3142. We assume the parties’ familiarity with the facts of this case and its relevant procedural history.
This Court reviews a district court order of detention for clear error. United States v. LaFontaine, 210 F.3d 125, 130 (2d Cir. 2000). Defendant argues that the district court “committed clear error” because it failed to give due consideration to evidence he claims rebuts the presumption against pre-trial release in § 3142(e), including his U.S. citizenship, lack of criminal history, “solid” employment record, and “substantial bail package.” We disagree. In assessing the defendant’s danger to the community and risk of flight, the district court considered the relevant factors as required by § 3142(g) and found that the totality of the evidence militated against release. In particular, the court found that the presence of a firearm and large amounts of cocaine in the defendant’s home, as well as the nature of the charged offenses, clearly and convincingly demonstrated the defendant’s danger to the community despite the positive factors advanced by the defense. See United States v. Dillard, 214 F.3d 88, 93
Although defendant is correct that the bail statute, 18 U.S.C. § 3142(e), speaks of a reasonable assurance rather than a guarantee, on a review of the totality of the record, we are satisfied that the district court applied the proper standard and, as noted, we identify no clear error in the court’s finding that the defendant poses a sufficient danger to the community to preclude a reasonable assurance of community safety.
For the reasons stated above, we AFFIRM the detention order of the district court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.