M.D. Tennessee Notes Intra-Circuit Split Re Whether Court May Release Defendant Pending Sentencing for Exceptional Reasons
Per U.S. v. Mellies, --- F.Supp.2d ----, 2007 WL 2021947 (M.D.Tenn. Jul 10, 2007) (NO. 3:05-00132):
In an unpublished opinion, United States v. Cook, 42 Fed.Appx. 803, 804 (6th Cir.2002), the United States Court of Appeals for the Sixth Circuit held in light of the authority from other circuits that a district judge is not precluded from making a determination of exceptional circumstances in support of release under § 3145(c). The United States Court of Appeals for the First Circuit held similarly in another unpublished opinion. United States v. Weiner, 972 F.2d 337 (1st Cir.1992) (unpublished).
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The Sixth Circuit unpublished opinion indicates that the circuit court may eventually issue a published opinion following the other circuits. Nonetheless, district courts within the Sixth Circuit are split on whether district courts may apply § 3145(c). Compare Salazar, 2007 WL 542390 (W.D.Ky.2007), Burnett, 76 F.Supp.2d 846 (E.D.Tenn.1999), and Rodriguez, 50 F.Supp.2d 717 (N.D.Ohio 1999) (applying § 3145(c)) with In re Sealed Case, 242 F.Supp.2d 489 (E.D.Mich.2003) (holding district court lacks jurisdiction under § 3145(c)).