Tuesday, December 24, 2013

United States v. Miller case brief

United States v. Miller case brief summary
753 F.2d 19 (1985)

Defendants appealed the judgment of the United States District Court for the Eastern District of Pennsylvania that denied their motion for release upon bail pending appeal under Fed. R. App. P. 9(b) and the Bail Reform Act of 1984, Pub. L. No. 98-473, § 203, 98 Stat. 1981-82, 18 U.S.C.S. § 3143.

Defendants were convicted of various crimes, and they appealed their convictions; those appeals were pending in the court. Defendants' motion under the Bail Reform Act of 1984 (Act), 18 U.S.C. S. § 3143, for bail pending appeal was denied, and they appealed from that denial. Appellants contended that application of the Act to them violated the Ex Post Facto Clauses, U.S. Constitutional art. I, § 9, cl. 3, and art. I, § 10, cl. 1.

  • The court rejected this contention, holding that the availability vel non of bail pending appeal was a procedural issue rather than a type of punishment. 
  • The court found that under the Act, defendants had the burden of proving that they were not likely to flee or pose a danger; that the appeal was not for delay and raised a substantial question of law or fact; and that if that substantial question was determined favorably to defendants on appeal, that decision was likely to result in reversal or an order for a new trial of all counts on which imprisonment had been imposed. 
  • Because the district court was in a better position to evaluate, under this standard, the issue pending on the other appeal, the court vacated the judgment and remanded.
The court vacated the order from the district court that denied defendants' motion for release upon bail pending appeal under the Bail Reform Act of 1984. The court remanded the case to the district court for consideration based on the standards set forth in the opinion.

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