UNITED STATES v. KAHN (2019)

ORDER AND JUDGMENT *

Defendant appeals from the district court's order dated October 3, 2018, denying his motion for release pending trial. Defendant is charged with more than twenty counts of violations of the Controlled Substances Act. He was originally released on bond with conditions, but his bond was revoked when the district court found that he had violated conditions of release by contacting a witness. Since then he has filed three motions seeking release, all of which have been denied. Defendant now appeals the most recent denial, arguing that his prolonged pretrial detention violates his right to due process.

In reviewing the district court's order denying release, this court reviews mixed questions of law and fact de novo, and factual findings for clear error. United States v. Cisneros, 328 F.3d 610, 613 (10th Cir. 2003).

Having reviewed the parties’ filings in this court and the district court order and filings, we affirm the district court's order denying release for substantially the reasons stated in its October 3, 2018 order. Specifically, we find no error in the district court's ruling that defendant's pretrial detention to this point does not violate his due process rights under the particular circumstances of this case.

Per Curiam