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U.S. v. McALLISTER

No. 2083, Docket 92-1439.

974 F.2d 291 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Samuel McALLISTER, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 4, 1992.

Attorney(s) appearing for the Case

Keith M. Fleischman, Asst. U.S. Atty., D.Conn., Bridgeport, Conn. (Albert S. Dabrowski, U.S. Atty., D.Conn., New Haven, Conn., of counsel), for plaintiff-appellant.

Richard A. Reeve, Asst. Federal Public Defender, New Haven, Conn., for defendant-appellee.

Before WINTER, MINER and McLAUGHLIN, Circuit Judges.

WINTER, Circuit Judge:

The government appeals from Judge Eginton's order declining to revoke the bond of Samuel McAllister, pursuant to 18 U.S.C. § 3143(a)(2) (Supp. II 1990), pending his sentence after conviction by a jury. Because Judge Eginton stated that he could not make a finding satisfying the requirements of Section 3143(a)(2)(A)(i), we reverse and order the bond revoked.

Section 3143(a)(2) states that a judge "shall" order detainment during the...

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