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Anonymous ID: 05b4f1 April 29, 2023, 4:02 a.m. No.18770651   🗄️.is 🔗kun

>>18770550 Intrasting. Looked up "Fat Tony" Solerno - he was involved w/ a 1987 Supreme Court Case. The Bail Reform Act of 1984 (Act), in play.

 

REHNQUIST, C.J., delivered the opinion of the Court, in which WHITE, BLACKMUN, POWELL, O'CONNOR, and SCALIA, JJ., joined.

MARSHALL, J., filed a dissenting opinion, in which BRENNAN, J., joined, post, p. —-.

STEVENS, J., filed a dissenting opinion, post, p. —-.

Charles Fried, Sol. Gen., Washington, D.C., for petitioner.

Anthony M. Cardinale, Boston, Mass., for respondents.

Chief Justice REHNQUIST delivered the opinion of the Court.

 

From the link:

" 1

 

Had this judgment and commitment order been executed immediately, as is the ordinary course, the present case would certainly have been moot with respect to Salerno. On January 16, 1987, however, the District Judge who had sentenced Salerno in the unrelated proceedings issued the following order, apparently with the Government's consent:

 

"Inasmuch as defendant Anthony Salerno was not ordered detained in this case, but is presently being detained pretrial in the case of United States v. Anthony Salerno et al., §§ 86 Cr. 245 (MJL),

 

"IT IS HEREBY ORDERED that the bail status of defendant Anthony Salerno in the above-captioned case shall remain the same as it was prior to the January 13, 1987 sentencing, pending further order of the Court." Order in §§ 85 Cr. 139 (RO) (S.D.N.Y.) (Owen, J.).

 

This order is curious. To release on bail pending appeal "a person who has been found guilty of an offense and sentenced to a term of imprisonment," the District Judge was required to find "by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released. . . ." 18 U.S.C. § 3143(b)(1) (1982 ed., Supp. III). In short, the District Court which had sentenced Salerno to 100 years' imprisonment then found, with the Government's consent, that he was not dangerous, in a vain attempt to keep alive the controversy as to Salerno's dangerousness before this Court."

 

https://www.law.cornell.edu/supremecourt/text/481/739