Langenhorst
United States v. Langenhorst
Opinion
Lead Opinion
MEMORANDUM *
The Government appeals the District Court’s grant of pretrial release to Jeffrey *893 Langenhorst. The Government argues that the district court improperly granted pretrial release because no conditions will reasonably assure Langenhorst’s appearance at trial or the safety of the community. We have jurisdiction pursuant to 18 U.S.C. § 3731 and we reverse the District Court’s release order and remand with instructions.
Section 3142 of Title 18 of the United States Code governs pretrial detention and release. A district court may not order pretrial release unless it determines that a “condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community.” 2 Section 3142(g) specifies the factors that the district court must consider in making this determination.
The first factor is the nature and circumstances of the offenses charged. 4 Because Langenhorst concedes the seriousness of the indicted offenses, which primarily took place while he was in state custody, we conclude that this factor weighs against pretrial release.