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SPEIGHT v. U.S.

No. 85-385.

569 A.2d 124 (1989)

Freeman SPEIGHT, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 28, 1989.

Attorney(s) appearing for the Case

Robert L. Liebross, appointed by this court, for appellant.

Elizabeth Trosman, Asst. U.S. Atty. with whom Joseph E. diGenova, U.S. Atty. at the time the brief was filed, and Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., at the time the brief was filed, were on the brief, for appellee.

Before ROGERS, Chief Judge, and NEWMAN, FERREN, BELSON, TERRY, STEADMAN and SCHWELB, Associate Judges, and PRYOR, Senior Judge, and MACK, Associate Judge, Retired.

STEADMAN, Associate Judge:

Under District of Columbia law dealing with pretrial release and detention, a person convicted of committing a crime while on pretrial release is subject to an enhanced sentence. D.C.Code § 23-1328 (1989 Repl.). The issue before this en banc court is whether the due process clause forbids applying this provision in a case where the government shows simply the fact of the defendant's pretrial release status. We hold that the due...

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