§ 3143. Release or detention of a defendant pending sentence or appeal

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(a)Release or Detention Pending Sentence.—

(1)Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. 994 does not recommend a term of imprisonment, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c). If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c).

(2)The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or

(C)of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained unless—

(i)the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or

(ii)an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and

(B)the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.

(b)Release or Detention Pending Appeal by the Defendant.—

(1)Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds—

(A)by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or

(c)of this title; and

(B)that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in—

(i)reversal,

(ii)an order for a new trial,

(iii)a sentence that does not include a term of imprisonment, or

(iv)a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.

If the judicial officer makes such findings, such judicial officer shall order the release of the person in accordance with section 3142(b) or

(c)of this title, except that in the circumstance described in subparagraph (B)(iv) of this paragraph, the judicial officer shall order the detention terminated at the expiration of the likely reduced sentence.

(2)The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or

(C)of subsection (f)(1) of section 3142 and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained.

(c)Release or Detention Pending Appeal by the Government.— The judicial officer shall treat a defendant in a case in which an appeal has been taken by the United States under section 3731 of this title, in accordance with section 3142 of this title, unless the defendant is otherwise subject to a release or detention order. Except as provided in subsection

(b)of this section, the judicial officer, in a case in which an appeal has been taken by the United States under section 3742, shall—

(1)if the person has been sentenced to a term of imprisonment, order that person detained; and

(2)in any other circumstance, release or detain the person under section 3142.

(Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1981; amended Pub. L. 98–473, title II, § 223(f), Oct. 12, 1984, 98 Stat. 2028; Pub. L. 99–646, §§ 51(a), (b), 55(a), (d), Nov. 10, 1986, 100 Stat. 3605–3607, 3609; Pub. L. 100–690, title VII, § 7091, Nov. 18, 1988, 102 Stat. 4410; Pub. L. 101–647, title IX, § 902(a), (b), title X, § 1001(a), Nov. 29, 1990, 104 Stat. 4826, 4827; Pub. L. 102–572, title VII, § 703, Oct. 29, 1992, 106 Stat. 4515.)

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