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United States v. Anderson

Citation: 176 F. App'x 142Docket: No. 06-3017

Court: Court of Appeals for the D.C. Circuit; April 12, 2006; Federal Appellate Court

Narrative Opinion Summary

The appeal from the United States District Court for the District of Columbia has been reviewed based on the provided record and memoranda from both parties. The court has determined that a written opinion is unnecessary under D.C. Circuit Rule 36. The ruling from the district court dated January 23, 2006, is affirmed. The court noted that even if the detention hearing could be revisited due to new information about the appellant's financial situation, the district court's conclusion that the appellant is a flight risk is substantiated by a preponderance of evidence. Consequently, the decision to detain the appellant until trial stands affirmed. This ruling will not be published as per D.C. Circuit Rule 36. The Clerk will delay issuance of the mandate for seven days to allow for any timely petitions for rehearing or rehearing en banc, in accordance with Federal Rule of Appellate Procedure 41(b) and D.C. Circuit Rule 41.

Legal Issues Addressed

Affirmation of Lower Court Rulings

Application: The appellate court affirmed the district court's decision to detain the appellant, agreeing with the conclusion that the appellant is a flight risk.

Reasoning: The ruling from the district court dated January 23, 2006, is affirmed.

D.C. Circuit Rule 36 on Written Opinions

Application: The court concluded that a written opinion was unnecessary for this case pursuant to D.C. Circuit Rule 36.

Reasoning: The court has determined that a written opinion is unnecessary under D.C. Circuit Rule 36.

Issuance of Mandate Delay

Application: The issuance of the mandate is delayed for seven days to accommodate any petitions for rehearing, in line with procedural rules.

Reasoning: The Clerk will delay issuance of the mandate for seven days to allow for any timely petitions for rehearing or rehearing en banc, in accordance with Federal Rule of Appellate Procedure 41(b) and D.C. Circuit Rule 41.

Preponderance of Evidence Standard in Flight Risk Assessment

Application: The district court's finding that the appellant is a flight risk was supported by a preponderance of the evidence, justifying the decision to detain.

Reasoning: The district court's conclusion that the appellant is a flight risk is substantiated by a preponderance of evidence.