U.S. v. Graziano

Full title: UNITED STATES of America, Appellee, v. Carmine GRAZIANO…

Court: United States Court of Appeals, Second Circuit

Date published: Oct 15, 2007

251 F. App'x 682 (2d Cir. 2007)

Opinion

No. 07-3475-cr.

October 15, 2007.

Appeal from an order of detention entered in the United States District Court for the Eastern District of New York (Joseph F. Bianco, Judge).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of detention is AFFIRMED.

Jonathan Edelstein, for Appellant.

Evan C. Williams, Assistant United States Attorney (Jo Ann Navickas, Assistant United States Attorney, on the brief), for Roslynn R. Mauskopf, United States Attorney, Eastern District of New York, Brooklyn, NY, for Appellee.

PRESENT: Hon. JOSEPH M. MCLAUGHLIN, Hon. REENA RAGGI, Circuit Judges, and Hon. EDWARD R. KORMAN, District Judge.¹

1 The Honorable Edward R. Korman, of the United States District Court for the Eastern District of New York, sitting by designation.

SUMMARY ORDER

Defendant Carmine Graziano appeals from a permanent order of detention entered pursuant to 18 U.S.C. § 3142(e) on July 12, 2007. We review a district court's bail determination for clear error. See United States v. Sabhnani, 493 F.3d 63, 75 (2d Cir. 2007); accord United States v. La-Fontaine, 210 F.3d 125, 130 (2d Cir. 2000). We identify no such error in this case because the record supports the district court's finding that no condition or combination of conditions would reasonably assure the safety of other persons and the community were the defendant to be released. See 18 U.S.C. § 3142(e). Accordingly, the order denying release on bail pending trial is hereby AFFIRMED.