United States of America, Plaintiff-appellee, v. John L. Molinaro, Defendant-appellant, 876 F.2d 1432 (9th Cir. 1989)

John L. Molinaro appeals the district court's denial of his motion for revocation of the district court's pretrial detention order. Molinaro argues that his pretrial detention violated 18 U.S.C. § 3142(f) because the government failed to move for his detention at the time of his first appearance before a magistrate on the underlying charges. The government concedes that it failed to move for pretrial detention at appellant's first appearance but urges us to carve out an exception to this requirement under Sec. 3142(f) in cases where the defendant is legitimately in custody on other charges.

We find no basis for writing into the statute an exception for defendants already in custody on other charges. The language of Sec. 3142(f) allows for only one exception: a brief continuance under prescribed circumstances.¹  Otherwise, a detention hearing must be held upon the person's first appearance before the judicial officer. When statutory language is clear and unambiguous, as it is here, a judicial inquiry into the meaning of the statute ends. See Rubin v. United States, 449 U.S. 424, 430, 101 S. Ct. 698, 701-02, 66 L. Ed. 2d 633 (1981); United States v. Patterson, 820 F.2d 1524, 1526 (9th Cir. 1987).

We reverse the district court's order of detention and remand to the district court to set appropriate conditions for release.

REVERSED.