Filed: May 08, 2000
Latest Update: Feb. 21, 2020
Summary: Defendant, Appellant.Selya and Stahl, Circuit Judges., Donald K. Stern, United States Attorney, and Michael D., Ricciuti, Assistant U.S. Attorney, on brief for appellee.May 3, 2000, Per Curiam.States v. Moss, 887 F.2d 333, 337-38 (1st Cir.statement of the reasons for the detention decision.
[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 00-1341
UNITED STATES,
Appellee,
v.
JESSICA ORTIZ, a/k/a MARTA,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Nathaniel M. Gorton, U.S. District Judge]
Before
Torruella, Chief Judge,
Selya and Stahl, Circuit Judges.
George F. Gormley and George F. Gormley, P.C. on brief for
appellant.
Donald K. Stern, United States Attorney, and Michael D.
Ricciuti, Assistant U.S. Attorney, on brief for appellee.
May 3, 2000
Per Curiam. Title 18 U.S.C. § 3142(i) requires
that any detention order issued under section 3142(e) “shall
(1) include written findings of fact and a written statement
of the reasons for the detention . . . .” See also United
States v. Moss,
887 F.2d 333, 337-38 (1st Cir. 1989) (per
curiam) (written detention order which simply stated that
the court had made a “full review” of the evidence and that
defendant had failed to rebut the presumption was
insufficient under section 3142(i)). The district judge’s
written order of detention in this case provides no written
statement of the reasons for the detention decision. In
such circumstances, meaningful appellate review is
impossible, especially where the magistrate judge ordered
appellant released and did provide a written statement of
the reasons for that decision.
Therefore, we remand the matter with directions to
the district judge to provide a written statement, by May
23, 2000, of the reasons for his decision to detain the
appellant.
Remanded.