United States Fourth Circuit

Denial of motion to review a detention order pending sentencing for violations of the Controlled Substances Act is vacated and remanded where: 1) there was no basis for concluding that Congress intended to alter the plain and unambiguous statutory definition of "judicial officer"; 2) the district judges were "judicial officers" within the language of section 3145(c) and 3156(a)(1); and 3) as a "judicial officer", the district judge was authorized to release defendants under section 2145(c) when "exceptional reasons" existed.

Appellate Information

• Decided 11/21/2008
• Published 11/24/2008

Judges

Court

• United States Fourth Circuit

Counsel