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Criminal Procedure Keyed to Dressler
United States v. Salerno
Citation:481 U.S. 739, 107 S.Ct. 2095, 95 L.Ed.2d 697.
The defendants were arrested after being charged in a 29-count indictment. At their arraignment, the government moved to have them detained pursuant to the Bail Reform Act of 1984. The government presented evidence that they were the “boss” and “captain” of a powerful crime family. Based in large part on conversations intercepted by a court-ordered wiretap, the two defendants had participated in wide-ranging conspiracies to aid their illegitimate enterprises through violent means.
The district court granted the motion, concluding that the government had established by clear and convincing evidence that no condition or combination of conditions of release would ensure the safety of the community or any person. The Court of Appeals reversed, finding that the Bail Reform Act of 1984 was facially unconstitutional as it is not consistent with the Due Process Clause of the Fifth Amendment.
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