United States v. Anthony Salerno and Vincent Cafaro

Second Circuit

United States v. Anthony Salerno and Vincent Cafaro

829 F.2d 345, 1987 U.S. App. LEXIS 12666

CourtCourt of Appeals for the Second Circuit

DecidedSeptember 23, 1987

Docket1386, 1387, Dockets 86-1197, 86-1198

StatusPublished

Cited by3 cases

This text of 829 F.2d 345 (United States v. Anthony Salerno and Vincent Cafaro) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Anthony Salerno and Vincent Cafaro, 829 F.2d 345, 1987 U.S. App. LEXIS 12666 (2d Cir. 1987).

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PER CURIAM:

These appeals of orders detaining appellants are before the Court on remand from the Supreme Court. The appeals challenged on various grounds orders of pretrial detention without bail. By a divided vote the panel vacated the detention orders and remanded for the setting of conditions of bail. United States v. Salerno, 794 F.2d 64 (2d Cir.1986). The mandate was stayed pending review by the Supreme Court. The majority ruled that the Bail Reform Act of 1984, 18 U.S.C. §§ 3141-3156 (Supp.II 1984) facially violated the substantive due process component of the Fifth Amendment to the extent that it authorized pretrial detention without bail on grounds of dangerousness to the community. The Supreme Court reversed, upholding the constitutionality of the Act against [346]*346facial challenges that the Act violated the substantive and procedural components of the Due Process Clause of the Fifth Amendment and the Excessive Bail Clause of the Eighth Amendment. United States v. Salerno, — U.S.-, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987). The mandate of the Supreme Court remanded the cause to this Court “for further proceedings in conformity with the opinion of [the Supreme] Court.”

We invited the views of the parties with respect to an appropriate disposition. Appellants’ counsel suggests that the appeals should be dismissed as moot. New counsel for Salerno, noting that his client’s detention order has at all times remained in effect and that Salerno has since been convicted and sentenced in another case, suggests that “no further proceedings are necessary.” The Government suggests that the matter be remanded to the District Court for further proceedings consistent with the Supreme Court’s decision.

In the Supreme Court, the mootness contention was urged in the dissenting opinion of Justice Marshall, 107 S.Ct. at 2106-07, see also dissenting opinion of Justice Stevens, id. at 2113, but was rejected by the Court, explicitly as to Salerno, id. at 2100 n. 2, and implicitly as to Cafaro. Since neither appellant has advanced any basis for disturbing the detention orders now that the matter is again before us, we believe the appropriate course is simply to affirm.

Accordingly, the orders of the District Court are affirmed.

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PER CURIAM:

These appeals of orders detaining appellants are before the Court on remand from the Supreme Court. The appeals challenged on various grounds orders of pretrial detention without bail. By a divided vote the panel vacated the detention orders and remanded for the setting of conditions of bail. United States v. Salerno, 794 F.2d 64 (2d Cir.1986). The mandate was stayed pending review by the Supreme Court. The majority ruled that the Bail Reform Act of 1984, 18 U.S.C. §§ 3141-3156 (Supp.II 1984) facially violated the substantive due process component of the Fifth Amendment to the extent that it authorized pretrial detention without bail on grounds of dangerousness to the community. The Supreme Court reversed, upholding the constitutionality of the Act against [346]*346facial challenges that the Act violated the substantive and procedural components of the Due Process Clause of the Fifth Amendment and the Excessive Bail Clause of the Eighth Amendment. United States v. Salerno, — U.S.-, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987). The mandate of the Supreme Court remanded the cause to this Court “for further proceedings in conformity with the opinion of [the Supreme] Court.”

We invited the views of the parties with respect to an appropriate disposition. Appellants’ counsel suggests that the appeals should be dismissed as moot. New counsel for Salerno, noting that his client’s detention order has at all times remained in effect and that Salerno has since been convicted and sentenced in another case, suggests that “no further proceedings are necessary.” The Government suggests that the matter be remanded to the District Court for further proceedings consistent with the Supreme Court’s decision.

In the Supreme Court, the mootness contention was urged in the dissenting opinion of Justice Marshall, 107 S.Ct. at 2106-07, see also dissenting opinion of Justice Stevens, id. at 2113, but was rejected by the Court, explicitly as to Salerno, id. at 2100 n. 2, and implicitly as to Cafaro. Since neither appellant has advanced any basis for disturbing the detention orders now that the matter is again before us, we believe the appropriate course is simply to affirm.

Accordingly, the orders of the District Court are affirmed.

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829 F.2d 345, 1987 U.S. App. LEXIS 12666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-anthony-salerno-and-vincent-cafaro-ca2-1987.

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