· 12/9/1999
United States v. Carl J. Warneke, Harvey E. Powers, and Allen J. McVay
Citations
- 199 F.3d 906
- 1999 U.S. App. LEXIS 32153
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that pretrial detention is remedial, not punitive
- stating in dicta that the “analytical approach employed in Kurth Ranch . . . was jettisoned in Hudson” but ultimately holding that Kurth Ranch did not apply to the case at issue
- expressing “deep[ ] concern! ]” about seventeen months of pretrial detention
- “if the tax had been levied prior to the drug prosecution, the Supreme Court would then have had to determine whether the taxing procedure resulted in the attachment of jeopardy”
- “Pretrial detention does not trigger the attachment of ‘jeopardy’ so as to invoke the protection of the Double Jeopardy Clause. And, the statute authorizing pretrial detention, 18 U.S.C. § 3142, is remedial, not punitive.” (internal citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffey, Manion, Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.