United States v. Nwokoro
397 U.S. App. D.C. 226
| D.C. Cir. | 2011Background
- Nwokoro appeals a district court pretrial detention order under the Bail Reform Act, seeking immediate release on personal recognizance.
- The district court detained him, citing substantial assets in Nigeria and potential access to funds to depart the United States.
- The court stated he had moved to Africa, had large wire transfers and receipts, and was likely to flee; it concluded he was a flight risk.
- There were no written 18 U.S.C. § 3142(i)(1) findings; the court did not provide on-the-record reasons in the required format.
- Appellant had no U.S. assets or passports in his possession, no US jailhouse ties, and previously complied with release conditions.
- The court’s findings were terse, did not address § 3142(g) factors, and failed to show balancing of risk of flight against conditions of release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether detention order satisfied §3142(i) findings | Nwokoro argues the order lacks required written findings. | Government argues transcript shows a clear basis for detention per Peralta standards. | Remand required for proper written findings or release with conditions. |
| Whether the detention transcript suffices under §3142(i) given mandatory factors | Transcript does not address all §3142(g) factors and is inadequate. | Transcript can satisfy if it evidences a legally sufficient basis for detention. | Transcript deemed insufficient; fails to show consideration of statutory factors. |
| Whether the court properly weighed flight risk and release conditions | Appellant had limited U.S. ties and no usable U.S. assets; potential to be released with conditions. | Appellant’s Nigerian ties and asset transfers indicate high flight risk despite any conditions. | Court’s reasoning insufficient; remand to assess all relevant facts and provide proper findings. |
Key Cases Cited
- United States v. Peralta, 849 F.2d 625 (D.C.Cir. 1988) (transcript may satisfy § 3142(i) if shows clear basis for detention)
- United States v. Simpkins, 826 F.2d 94 (D.C.Cir. 1987) (findings must demonstrate consideration of § 3142(g) factors)
- United States v. Xulam, 84 F.3d 441 (D.C.Cir. 1996) (release/pretrial considerations based on ties and forgery skills)