United States Second Circuit

In a due process challenge to pretrial detention brought by defendant facing substantive and conspiratorial drug crimes, the detention order is affirmed where: 1) under the totality of circumstances, the detention order does not violate due process because the evidence justifying detention is strong, and there has been no intentional unwarranted delay by the prosecution; but 2) unless defendant's trial begins within a reasonable time, his ongoing detention may well violate due process, so defendant may reinstate this appeal without prejudice if the district court does not begin his trial, or set reasonable bail for him, on or before February 1, 2013.

Appellate Information

• Decided 10/05/2012
• Published 10/05/2012

Judges

• CALABRESI

Court

• United States Second Circuit

Counsel