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Interesting Cases from Other Circuits

By Shari Allison

Danger to Foreign Community: A district court may consider a defendant's danger to a foreign community when determining whether it can deny pretrial release under the Bail Reform Act, the 9th Circuit held. Defendant was charged with, inter alia, conspiring to provide and providing support to terrorists based on the defendant's sending money and supplies to his brother in Malaysia, an acknowledged member of a terrorist group. The district court denied bail because the defendant posed a threat to the people of the countries in which his brother operates and no conditions of release could reasonably assure the safety of that community. On appeal, the 9th Circuit held that "[w]here, as here, a defendant is charged with an offense that had a significant adverse effect on a community abroad, we see no justification for preventing a court, for bail purposes, from considering the continuing risk to that community that might be posed by the defendant's pre-trial release...continue to full post

Full post as published by Tenth Circuit Blog on March 05, 2008 (boomark / email).