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UNITED STATES v. EDWARDS

Nos. 80-294, 80-401.

430 A.2d 1321 (1981)

UNITED STATES, Appellant, v. Marvin L. EDWARDS, Appellee. Marvin L. EDWARDS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 8, 1981.

Attorney(s) appearing for the Case

Michael W. Farrell, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Carl S. Rauh, John A. Terry, and Michael S. Pasano, Asst. U. S. Attys., Washington, D. C., were on the motion, for appellant in No. 80-294 and appellee in No. 80-401.

Stephen H. Glickman and James H. McComas, Public Defender Service, Washington, D. C., with whom Silas J. Wasserstrom, Mady Gilson, W. Anthony Fitch, and Mary Lou Soller, Public Defender Service, Washington, D. C., were on the motion, for appellee in No. 80-294 and appellant in No. 80-401.

William A. McDaniel, Jr. and Keven T. Baine, Washington, D. C., with whom John B. Kuhns, Washington, D. C., was on the motion, for The Washington Post as amicus curiae.

Before NEWMAN, Chief Judge, and KELLY, KERN, GALLAGHER, NEBEKER, HARRIS, MACK, FERREN and PRYOR, Associate Judges.

NEWMAN, Chief Judge:

These consolidated appeals present us, for the first time, with the question of the constitutionality of the District of Columbia pretrial detention statute, D.C.Code 1973, § 23-1322, under which a suspect arrested for certain enumerated offenses may be detained for up to 60 days pending trial. In the first case, No. 80-294, the government appeals the ruling of Judge Bowers which denied pretrial detention for Marvin Edwards when the government...

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