U.S. Court of Appeals for the Second Circuit, 2012

United States v. Mehmeti

United States v. Mehmeti
U.S. Court of Appeals for the Second Circuit · Decided July 9, 2012
472 F. App'x 78

United States v. Mehmeti

Opinion

SUMMARY ORDER

Fatmir Mehmeti has filed an interlocutory appeal from the district court’s order detaining him pending trial. We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review.

Section 3142 of Title 18 of the United States Code requires that a defendant be detained pending trial where, “after a hearing pursuant to the provisions of [18 U.S.C. § 3142(f) ], the judicial officer finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community.” 18 U.S.C. '§ 3142(e)(1). “The facts the judicial officer uses to support a finding pursuant to subsection (e) that no condition or combination of conditions will reasonably assure the safety of any other person and the community shall be supported by clear and convincing evidence.” 18 U.S.C. § 3142(f)(2).

“We review for clear error the historical facts upon which a district court relies in determining whether a defendant poses a risk to the community.” United States v. Ferranti, 66 F.3d 540, 542 (2d Cir. 1995). “Our scope of review is slightly broader with respect to the ultimate determination that a defendant does, or does not, present a risk to the citizenry.” Id. (internal quotation marks omitted).

*80 We are unable to conclude that the district court improperly ordered that Mehmeti be detained pending trial in light of the district court’s reasonable conclusion that he posed a danger to the community.

Accordingly, the order of the district court hereby is AFFIRMED.

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