Epstein Secrets

banc). But even the Stack dictum addresses the pre -conviction, not post -conviction, de- fendant. As for the latter category of of- fender Justice Douglas, scarcely a foe of civil liberties, spoke to the issue ' his ca- pacity as Circuit Justice in Carboi United States, 82 S.Ct. 662, 666, 7 L. .2d 76

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 The Court cited 18 U.S.C. § 3146(e), repealed by18 U.S.C. § 3142(c), which reads in part: A judicial officer ordering the release

lack or poor. See F'urman Georgia, 408 U.S. 238, 92 S.Ct. 2726, L.Ed.2d 346 (1972), reh. denied,409 U.S. 902, 93 S.Ct. 89, 34 L.Ed.2d 163 (1972) (Douglas, J., concurring) (in which the Su- preme Court chronicled our history of ra- cial and economic disparity in the execu- tion of accused persons). Cri

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,

ustice White filed an opinion con- curring in the judgment and in parts of the court's opinion, in which Mr. Justice Rehnquist joined. Mr. Justice Douglas took no part in the decision of the case. West Headnotes 111 Criminal Law 110 C=1028 110 Criminal Law 110XXIV Review 110XXIV(E) Presentation an

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