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United States v. Schwamborn
Citation: 249 F. App'x 906Docket: No. 07-3282-cr
Court: Court of Appeals for the Second Circuit; October 9, 2007; Federal Appellate Court
Frank Schwamborn appeals a July 27, 2007 order from the U.S. District Court for the Eastern District of New York, which upheld the denial of his motion to reopen a December 17, 2006 detention hearing where his request for release pending trial was denied. Schwamborn argues that the denial was erroneous because the Bail Reform Act of 1984 does not allow bail denial based solely on dangerousness when only non-violent charges are involved and claims the government failed to prove he would obstruct justice by clear and convincing evidence. The court clarified that the July 27 order's basis for denying bail was Schwamborn's likelihood to obstruct justice, which was supported by evidence of his threats against witnesses, law enforcement, and prosecutors, as well as his association with organized crime. The court found no clear error in the government's evidence. Additionally, the court did not abuse its discretion in denying Schwamborn’s request to reopen the bail hearing, as the new evidence he presented was not likely to change the outcome, given that multiple threats remained unchallenged. The court referenced 18 U.S.C. § 3142(f), which requires defendants to present new material information to justify reopening a bail hearing. Finally, the court rejected Schwamborn's claim that his extended pretrial detention (fifteen months) violated due process, noting that the duration alone does not typically constitute a due process violation and that under the specific circumstances of the case, his detention did not breach due process rights. Consequently, the motion for bail pending trial is denied.