U.S. Court of Appeals for the Second Circuit, 2017

United States v. Shulaya

United States v. Shulaya
U.S. Court of Appeals for the Second Circuit · Decided November 6, 2017 · Carney, Hellerstein, Lynch, Susan
700 F. App'x 69

Counsel

FOR APPELLANT: Bradley L. Henry, The Henry Law Firm PLLC, New York, NY., FOR APPELLEE: Andrew Thomas, Assistant United States Attorney, for Joon H. Kim, Acting United States Attorney for the Southern District of New York, New York, NY.

United States v. Shulaya

Opinion of the Court

SUMMARY ORDER

Defendant Vache Hovhannisyan seeks review of the District Court’s order under 18 U.S.C. § 3142(e) denying his application for pretrial release. We have jurisdiction over this appeal under 18 U.S.C. § 3145(c) and 28 U.S.C. § 1291. See Fed. R. App. P. 9(a). We review for clear error the District Court’s determination that the defendant poses a risk of .flight and that no condition or combination of conditions would guarantee his appearance at trial. See United States v. Berrios-Berrios, 791 F.2d 246, 250-51 (2d Cir. 1986). Upon due consideration, we affirm the order denying release pending trial for substantially the reasons stated by the District Court during the defendant’s August 4, 2017 bail hearing. (Ex. H (Aug. 2 [sic: 4], 2017 Tr.) at 26-33.)

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