United States v. Jesus Loya

In 1993, appellant Jesus Loya pled guilty to importation of marijuana and was sentenced to 15 months in custody and placed on three years of supervised release. Soon af ter his release from custody, Loya was again indicted for the importation of marijuana. A hearing to determine whether Loya’s supervised release should be revoked has been set, and Loya is presently in custody solely pending the hearing.

At his initial appearance in regard to the revocation of supervised release, Loya moved for bail pending the revocation hearing. The district court summarily set a $1,000,000 cash or corporate surety bond pending the hearing.

Citing the pretrial provisions of the Bail Reform Act of 1984, as amended, 18 U.S.C. §§ 3141 et seq., Loya argues that the district court erred because it was required to order his release under the least restrictive conditions that will reasonably assure his appearance and the safety of the community. 18 U.S.C. § 3142 (c). The government, relying on 18 U.S.C. § 3142 (a), counters that 18 U.S.C. § 3142 (c) does not apply to this appeal because Loya is not a person charged with an offense pending trial. The government maintains that the applicable statutory…