Paul John Carbo v. United States of America, Joseph Sica v. United States

Pursuant to the remand ordered in our opinion of January 22, 1962, 300 F.2d 889 , the District Court reviewed the application of each of the defendants to determine whether bail could be fixed in an amount which would be effective to deter flight pending appeal, and concluded “on the whole record in the case this court is fully and firmly satisfied that bail cannot be fixed in any amount or any conditions or terms which will provide effective deterrent to flight of either defendant Carbo or Sica pending appeal.” Accordingly, the District Court again denied bail.

Bail is normally to be available pending appeal unless the appeal is frivolous or taken for delay. However, the granting of bail remains a matter of discretion. And although the responsibility for decision remains with us, the judgment of the District Court as to the proper exercise of that discretion in a particular case is entitled to great respect. Cohen v. United States, 82 S.Ct. 8 , 9, 7 L.Ed.2d 13 (1961); Di Candia v. United States, 78 S.Ct. 361 , 362 (1958); Ward v. United States, 76 S.Ct. 1063 , 1066, 1 L.E.2d 25 (1956); Anthony v. United States, 250 F.2d 427 (9th Cir. 1957). We have examined the applications and…