Epstein Secrets

restrictions upon bail pending appeal may undoubtedly 'work to the disadvantage' of defendants."). In reaching this conclusion, we are mind of the Supreme Court's decision in Kring Missouri, 107 U.S. 221, 2 S.Ct. 443, L.Ed. 506 (1883). In Krin,g, the Court held that an ex post facto violation had occurred w

d=%7bFEDF5709-3AEA-4F74-8619-... 4/10/2008 EFTA00191715 Page 17 of 24 765 F.2d 944 765 F.2d 944, 53 USLW 2628 (Cite as: 765 F.2d 944) As the Supreme Court has stated, "[p]resent federal law has made an appeal from a district court's judgment of convic- tion ' in a criminal case what is, ' effect, a

px?utid=%7bFEDF5709-3AEA-4F74-8619-... 4/10/2008 EFTA00191689 Page 1 of 10 w estlaw 761 F.2d 52 761 F.2d 52 (Cite as: 761 F.2d 52) H U.S. II. Zannino C.A. (Mass.),1985. United States Court of Appeals,First Cir- cuit. UNITED STATES of America, Plaintiff, Appellant, v. Ilario M.A. ZANNINO, Defe

nd six others. The charges related to murders, gambling, and other illegal acts. When first brought be- fore the magistrate on September 20, 1983, Zannino was ordered held without bail on the grounds that no conditions of pretrial release would reasonably assure his ap- pearance at trial. Eventually,

jury beyond a reasonable doubt." Ring, 536 U.S. at 602, 122 S.Ct. 2428 (citing Apprendl, 530 U.S. at 482-83, 120 S.Ct. 2348). Two years later, in Ring the Supreme Court held that an aggravating factor rendering a defendant death-eligible "operate[s] as the functional equivalent of an element of a greater of- fense

. FN26. Currently, the circuit courts are split as to whether duplicative aggravating factors are unconstitu- tional and as to the meaning of the Supreme Court's decision in Jones. The Fourth and Ninth Circuits have aligned with the Tenth Circuit and adopted their own variations of tke rule in McCullah. Se

light of Jones, see United States D. 1?obin- son, 367 F.3d 278, 292-93 (5th Cir.2004) ("Although our case law once [supported the theory], the Su- preme Court recently admonished that it does not support that theory of review.") O 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. https://web2.westl

government has neither argued for a narrow waiver nor identified any particular document to which such a waive! might extend. See United States . Zannino, 895 F.2d 1, 17 (1st Cir. 990) (explaining that arguments not made in • a party's bnefs need not be considered). 120] Viewed against this backdro

ch governs, the law must be obeyed.... United States t Schooner Peggy, 5 U.S. (1 Cranch) 102, 9, 2 L.Ed. 49 (1801). This principle is embodied in the Supreme Courts holding that a new law applies to a case in progress unless applying it "would result in manifest injustice or there is stat- utory direction or il

ent status from presumed innocence and release on bail prior thereto. The statute recognizes the different status. The defendant in United States' Zannino, 761 F.2d 52 (1st Cir.1985), was admitted C 2008 Thomson/West. No Claim to Orig. U.S. Govt. Works. https://web2.westlaw.com/print/printstream.aspx

n under the prior Bail Reform Act of 1966, bail terms were "subject to review when changed circumstances require that the release be reappraised." Zannino, supra, at 55. The Court cited 18 U.S.C. § 3146(e), repealed by18 U.S.C. § 3142(c), which reads in part: A judicial officer ordering the release