U.S. v. CANNISTRARO

No. 88-5662.

871 F.2d 1210 (1989)

UNITED STATES of America v. CANNISTRARO, Richard, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 6, 1989.


Attorney(s) appearing for the Case

Bruce M. Merrill (argued), Fleming, Merrill & Roth, Newark, N.J., for appellant.

Samuel A. Alito, Jr., U.S. Atty., Richard J. Schechter (argued), Asst. U.S. Atty., Edna Ball Axelrod, Chief, Appeals Div., Newark, N.J., for appellee.

Before STAPLETON, MANSMANN and GARTH, Circuit Judges.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this securities fraud case we are presented with a novel issue: whether Local Rule 35C.1 of the District Court of New Jersey, which — in the event of a conviction and imposition of fines — acts as a lien on any cash deposited for bail until the government can levy a writ of execution on the money, violates the eighth amendment as excessive bail. In addition, the defendant challenges the amount...

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