United States v. Dupree
2011 U.S. Dist. LEXIS 127250
| E.D.N.Y | 2011Background
- Dupree moves for release for trial under 18 U.S.C. § 3142(i); motion denied.
- Court grants MDC accommodations (e.g., visiting room with DVD-reading computer, extended hours, storage, copying capabilities) to aid defense preparation.
- Dupree is charged on a five-count second superseding indictment (S-2) including conspiracy and multiple counts of bank fraud; co-defendants Foley and Watts are charged on some counts.
- Dupree previously remained on bond until March 16, 2011, when his bond was revoked after new allegations of wrongdoing; subsequent detention followed.
- Court analyzes four factors (length of detention, government delay responsibility, gravity of charges, strength of evidence) to assess due-process concerns.
- Trial was scheduled for December 5, 2011; court notes substantial discovery and complexity but remains skeptical that release is necessary for defense preparation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3142(i) release is necessary for defense preparation | Dupree argues release is necessary to review documents and interview witnesses. | Government contends no necessary showing of defense preparation justifying release. | Denied; release not shown to be necessary for defense preparation. |
| Whether continued pretrial detention violates due process under a four-factor test | Dupree contends detention is unconstitutionally excessive due to length, delay, attenuated evidence, and non-flight risk. | Government asserts detention is constitutional given length, complex charges, and ongoing risk; delay not from government mainly; substantial evidence of danger to Amalgamated. | No due-process violation; factors weigh against release. |
Key Cases Cited
- United States v. El-Hage, 213 F.3d 74 (2d Cir. 2000) (pretrial detention constitutional if administrative, not punitive; four-factor test)
- United States v. El-Gabrowny, 35 F.3d 63 (2d Cir. 1994) (complex, document-intensive cases may support longer pretrial detention)
- United States v. Orena, 986 F.2d 628 (2d Cir. 1993) (four-factor test including gravity of charges and strength of evidence)