United States of America v. Beasley
| UNITED STATES OF AMERICA |
| MATTHEW WADE BEASLEY |
| 23-892 |
| May 10, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 MANDATE ISSUED Mark J. BENNETT, Ryan D. NELSON, Patrick J. BUMATAY [Entered: 07/03/2023 09:28 AM] |
Filing 8
ORDER FILED. Mark J. BENNETT, Ryan D. NELSON, Patrick J. BUMATAY This is an appeal from the district courts pretrial detention order. We have jurisdiction pursuant to 18 U.S.C. 3145(c) and 28 U.S.C. 1291. We review the district courts factual findings concerning risk of flight and the danger that appellant poses to the community under a deferential, clearly erroneous standard. United States v. Townsend, 897 F.2d 989, 994 (9th Cir. 1990). The conclusions based on such factual findings, however, present a mixed question of fact and law. Id. Thus, the question of whether the district courts factual determinations justify the pretrial detention order is reviewed de novo. United States v. Hir, 517 F.3d 1081, 1086-87 (9th Cir. 2008) (citations omitted). The district court correctly found that the government has met its burden of showing, by a preponderance of the evidence, that no condition or combination of conditions will reasonably assure the [defendants] appearance, 18 U.S.C. 3142(e), and that appellant therefore poses a risk of flight. See United States v. Motamedi, 767 F.2d 1403, 1406 (9th Cir. 1985). The district court also correctly found that the government has met its burden of showing, by clear and convincing evidence, that no condition or combination of conditions will reasonably assure . . . the safety of . . . the community, 18 U.S.C. 3142(e), and that appellant therefore poses a danger to the community. See Hir, 517 F.3d at 1094. We therefore affirm the district courts pretrial detention order. AFFIRMED. [Entered: 06/09/2023 12:00 PM]
|
| Filing 7 REPLY to Response to 9(a) Memorandum (DE 6) filed by Appellant Matthew Wade Beasley. [Entered: 06/08/2023 11:52 PM] |
| Filing 6 RESPONSE to 9(a) Memorandum (DE 3) filed by Appellee United States of America. [Entered: 06/01/2023 09:24 AM] |
| Filing 5 ADDED Counsel for Appellee Peter Hart Walkingshaw for Appellee United States of America. [Entered: 05/26/2023 11:49 AM] |
| Filing 4 NOTICE OF APPEARANCE by Peter Hart Walkingshaw for Appellee United States of America. [Entered: 05/26/2023 11:28 AM] |
| Filing 3 9(a) Memorandum filed by Appellant Matthew Wade Beasley. [Entered: 05/22/2023 08:57 PM] |
| Filing 2 SCHEDULE NOTICE. 9(a) Memorandum Due 5/22/2023. Response to Fed. R. App. P. 9(a) memorandum due 10 days after service of the 9(a) memorandum. The optional reply may be filed within 7 days of service of the response. See 9th Cir. R. 9-1.1. Failure of the petitioner to comply with this briefing schedule may result in automatic dismissal of the appeal. See 9th Cir. R. 42-1 [Entered: 05/10/2023 02:25 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 23-892 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 05/10/2023 02:15 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
