United States v. Brigg, No. 12-2988 (2d Cir. 2012)Annotate this Case
Defendant, who stands indicted for substantive and conspiratorial drug crimes, and who, having been arraigned, has been detained with no trial date set, appealed from an order denying him bail pending trial. The court concluded that the district court properly applied the court's test for due process review of pretrial detention and that its findings of fact were not clearly erroneous. Therefore, the court affirmed the detention order without prejudice to defendant's moving the court to recall the mandate and reinstated his appeal if the district court did not begin defendant's trial, or set reasonable bail for him by a certain date.
The court issued a subsequent related opinion or order on October 9, 2012.