United States v. Schwamborn
United States v. Schwamborn
Opinion of the Court
SUMMARY ORDER
Defendant-appellant Frank Schwamborn appeals from a July 27, 2007 order of the United States District Court for the Eastern District of New York (Feuerstein, J.) adopting Magistrate Judge A. Kathleen Tomlinson’s report and recommendation in its entirety and denying Schwamborn’s motion to reopen the December 17, 2006 detention hearing at which his motion for release pending trial was denied. We assume the parties’ familiarity with the underlying facts and procedural history of the case.
Schwamborn contends that the district court’s order denying him release was clearly erroneous, see United States v. Sa-bhnani, 493 F.3d 63, 75 (2d Cir. 2007), because the Bail Reform Act of 1984 does not permit denial of bail based on dangerousness alone when only a non-violent crime is charged and because the government failed to prove by clear and convincing evidence that he would likely obstruct justice. Though the district court may have been ambiguous with respect to the basis of its December 17 order, the district court’s July 27 order clarifies that the denial of bail is based on Schwamborn’s likelihood to obstruct justice. Further, the July 27 order is not clearly erroneous because the government’s initial proffer, as
For the foregoing reasons, the motion for bail pending trial is DENIED.
Reference
- Full Case Name
- United States v. Frank SCHWAMBORN
- Status
- Published