United States Second Circuit

A district court may not rely on evidence submitted by the government ex parte and in camera to deny bail unless 1) the government satisfies the standard for closed criminal proceedings, 2) the government discloses the substance of its sealed submission, and 3) the district court engages in heightened scrutiny of the reliability of any ex parte, in camera submissions.

Appellate Information

• Decided 11/15/2004
• Published 11/15/2004

Judges

• RAGGI, Circuit Judge., Before:  CALABRESI, SACK, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• David Gerald Jay, Buffalo, New York, for Defendant-Appellant., Anthony M. Bruce, Assistant United States Attorney, (Allison P. Gioia, Assistant United States Attorney, on the brief), for Michael A. Battle, United States Attorney, Western District of New York, Buffalo, New York, for Appellee.