United States v. Raymond Twine

Defendant-Appellant Raymond Twine (“Twine”), charged with felon in possession of a firearm pursuant to 18 U.S.C. § 922 (g)(1), appeals the district court’s pretrial detention order holding him without bail.

The district court held that the Bail Reform Act, 18 U.S.C. § 3142 , authorizes Twine’s pretrial detention without bail on the sole basis of a finding of dangerousness to the community. The district court alternatively held that felon in possession of a firearm is a crime of violence, and that this finding triggers the Act’s express authority to hold Twine without bail pending trial after a hearing pursuant to 18 U.S.C. § 3142 (f). The district court also affirmed the magistrate judge’s finding of dangerousness to the community.

We are not persuaded that the Bail Reform Act authorizes pretrial detention without bail based solely on a finding of dangerousness. This interpretation of the Act would render meaningless 18 U.S.C. § 3142 (f)(1) and (2). Our interpretation is in accord with our sister circuits who have ruled on this issue. See United States v. Byrd, 969 F.2d 106 (6th Cir.1992); United States v. Ploof, 851 F.2d 7 (1st Cir.1988); United States v. Himler, 797…