United States v. Michael Gelfuso, Peter John Milano and Luigi Gelfuso

Michael Gelfuso, Peter John Milano and Luigi Gelfuso appeal from the district court’s orders denying their motions for reconsideration of their pretrial detention orders under the Bail Eeform Act of 1984, 18 U.S.C. § 3142 . They contend that their continued detention violates due process.

On May 21, 1987, Michael Gelfuso, Peter John Milano and Luigi Gelfuso were indicted in a multi-count indictment charging them with racketeering and loansharking violations, conspiracy and attempt to distribute cocaine, and distribution of cocaine. After detention hearings on the government’s motions, they were ordered detained under the Bail Eeform Act of 1984, 18 U.S.C. § 3142 . The district court affirmed the detention orders under 18 U.S.C. § 3145 (b), finding that no condition or combination of conditions would reasonably assure the safety of the community. The district court also found Michael Gelfuso and Luigi Gelfuso to be flight risks.

The defendants did not appeal the district court’s denial of their motions for revocation of their detention orders. Instead, they moved the district court three months later for reconsideration of their detention orders, contending that the duration of…