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UNITED STATES v. MARTIR

No. 788, Docket 86-1005.

782 F.2d 1141 (1986)

UNITED STATES of America, Appellee, v. Godofredo MARTIR, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 3, 1986.

Attorney(s) appearing for the Case

Robert Plautz, New York City, for defendant-appellant.

Cecilia L. Gardner, Brooklyn, Asst. U.S. Atty. for the Eastern District of New York (Raymond J. Dearie, U.S. Atty. for the Eastern District of New York, Jane Simkin Smith, Asst. U.S. Atty., of Counsel), for appellee.

Before FEINBERG, Chief Judge, VAN GRAAFEILAND and PRATT, Circuit Judges.

FEINBERG, Chief Judge:

The Bail Reform Act of 1984 creates a rebuttable presumption that a person accused of certain serious narcotics offenses will flee before trial. This case presents several important issues new to this circuit regarding the effect of the presumption and the type of showing needed to justify the detention of such a defendant who has come forward with material to rebut it. Godofredo Martir appeals from an order of the United States District Court...

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