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U.S. v. CERVANTES

No. 91-3705.

951 F.2d 859 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Jesus CERVANTES, also known as Roberto Cervantes, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 16, 1992.

Attorney(s) appearing for the Case

Barry R. Elden, Asst. U.S. Atty., Office of U.S. Atty., Crim. Receiving, Appellate Div., Chicago, Ill., for plaintiff-appellant.

Edward M. Shishem, Shishem & Bailey, Chicago, Ill., for defendant-appellee.

Before CUMMINGS, POSNER and EASTERBROOK, Circuit Judges.

PER CURIAM.

Roberto Cervantes is awaiting trial on an indictment charging that he sold cocaine. Beyond the strength of the charge (Cervantes was found with the money used to make the buy) nothing about the offense is relevant; truth is for the jury. Invoking 18 U.S.C. § 3142(e), the prosecutor asked the court to detain Cervantes pending trial. Magistrate judge Rosemond issued a detention order, but district judge Shadur enlarged Cervantes on $200,000 bail. We...

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