United States v. Xulam case brief summary
84 F.3d 441 (1996)
Defendant was charged with making a
false statement in a passport application. Under the Bail Reform Act
of 1984 (Act), 18 U.S.C.S. § 3142, a United States district
court issued an order of detention pending trial. Defendant appealed.
CASE FACTS Defendant, a Kurd from Turkey, had been
an international human rights worker residing in the District of
Columbia for over three years. After arriving here from Canada on a
temporary student visa, defendant allegedly applied for and obtained
an American passport under a false name. Although he had no criminal
record, defendant was charged with a nonviolent criminal offense that
had a maximum sentence of six months under the federal sentencing
Conceding that defendant posed no danger to the community
or any of its citizens, the district court nevertheless ordered his
detention pending trial solely on the ground that he was a flight
The court revoked the detention order, holding that defendant
was a prime candidate for release under the Act because the relevant
factors pointed to the existence of many conditions that would
reasonably assure his appearance at trial.
The court stated that the government failed to prove by a preponderance of the
evidence that defendant posed a risk of flight.
Finally, the court
noted that the Act spoke of conditions that would "reasonably"
assure appearance, not guarantee it.
The court revoked the district court's order of detention. Suggested law school study materials
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