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UNITED STATES v. JESSUP

No. 84-1983.

757 F.2d 378 (1985)

UNITED STATES of America, Appellee, v. Mark JESSUP, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 25, 1985.

Attorney(s) appearing for the Case

James E. Carroll, Boston, Mass., with whom Robert D. Canty and Gaston Snow & Ely Bartlett, Boston, Mass., were on brief for defendant, appellant.

William F. Weld, U.S. Atty., Boston, Mass., with whom Gary S. Katzmann, Oliver C. Mitchell, Jr., and Evan M. Slavitt, Asst. U.S. Attys., Boston, Mass., were on brief for appellee.

Before BREYER, ALDRICH and TORRUELLA, Circuit Judges.

BREYER, Circuit Judge.

This appeal challenges the constitutionality of a provision of the Bail Reform Act of 1984, 18 U.S.C. § 3141 et seq., that requires judicial officers making bail decisions to apply a rebuttable presumption that one charged with a serious drug offense will likely flee before trial. 18 U.S.C. § 3142(e). We find that Congress has acted within the Constitution's prescribed limits in creating this rebuttable presumption and that...

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