United States v. Richard C. Koenig

Appellant Richard Koenig appeals the district court’s order denying pretrial release from detention. He contends that the district court employed the wrong standard of review when reviewing the magistrates’ orders that found Koenig to be a flight risk. We agree, but conclude that the district court made alternative rulings that render any error harmless. We therefore affirm.

FACTS

On November 21, 1989, federal agents arrested Koenig. He was later charged with eighteen counts of narcotics and income tax offenses. United States Magistrate Brazil ordered Koenig detained pend ing trial, on the ground that he was a flight risk. See 18 U.S.C. § 3142 (e). Koenig subsequently filed a motion for pretrial release, which Magistrate Langford denied, finding that Koenig was still a flight risk. Koenig then sought review of the magistrates’ orders before the district court.

In determining the appropriate standard of review, the district court relied upon its prior opinion in United States v. Harris, 732 F.Supp. 1027 (N.D.Cal.1990). In Harris , the district court determined that the standard of review to be applied by a district court in reviewing a magistrate’s detention order was the same…