United States v. English
2011 U.S. App. LEXIS 1144
| 2d Cir. | 2011Background
- English and Anderson were indicted for drug conspiracy and firearms offenses arising from a 2010 narcotics trafficking operation; a stash house contained cocaine, a firearm, and ammunition; 10 kilograms of cocaine were found on English at arrest; gun in stash house later described as machine gun, silencer, and ammunition; magistrate judge denied bail due to danger to the community; Judge McKenna denied bail based on gun finding; NYPD later report indicated gun was inoperable semiautomatic pistol according to NYPD lab analysis; indictment and venue transferred to Judge McMahon for pretrial detention decisions; McMahon ultimately denied bail after considering new information and the seriousness of offenses; defendants appeal alleging bias, improper reconsideration, and lack of written findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Judge McMahon could revisit flight risk despite McKenna’s prior ruling | McMahon predicated on prior McKenna finding that bail packages would prevent flight | McMahon could revisit due to new indictment information and de novo review permitted | Yes; McMahon properly considered §3142(g) factors de novo and was not bound by McKenna's view |
| Whether detention order lacked written findings as §3142(i)(1) requires | Detention order uncoupled from written findings; relied on transcript | Transcript suffices to satisfy writing requirement under Davis guidance | Detention order satisfied writing requirement via transcript of proceedings |
| Whether the district court was biased or predisposed against bail | Judge McMahon stated in status conference she rarely releases in 27-kilo case | Bias inferred from comment and denial of bail | No reversible bias; record shows individualized, fact-based determinations with explanations |
| Whether the §3142(g) factors supported detention given the charges and evidence | Strong case with 20-year mandatory minimums; substantial weight to danger and flight risk | Defendants have strong community ties and bail packages; risk mitigated by conditions | Detention upheld; findings supported and orders proper |
Key Cases Cited
- United States v. Mercedes, 254 F.3d 433 (2d Cir. 2001) (government bears burden; presumptions rebuttable but relevant to release decision)
- United States v. Contreras, 776 F.2d 51 (2d Cir. 1985) (probable cause triggers rebuttable §3142(e) presumptions)
- United States v. Davis, 845 F.2d 412 (2d Cir. 1988) (writing of findings can satisfy §3142(i)(1) in detention context)
- United States v. Barth, 899 F.2d 199 (2d Cir. 1990) (writing requirements analogous in probation/detention contexts)
- Liteky v. United States, 510 U.S. 540 (1994) (-extraordinary excerpts of bias claims evaluated in context)
- United States v. Shakur, 817 F.2d 189 (2d Cir.) (monograph on review standards in detention-related rulings)
- Anderson v. Bessemer City, 470 U.S. 564 (1985) (bias review under due process; not all adverse comments show bias)